Q: Do I have to split my tax return with the father?
In court through the AIG, we agreed to claim every other year. But he was supposed to keep the child so I didn't pay for daycare. I keep child on his days while he works and pay for daycare 2 days a week. If child is sick I keep the child. If his other child is sick I have to keep our child. I had to keep child while his girlfriend was injured. I had child all Thanksgiving break and Christmas break. I pay for medical and dental. He is saying this year I can claim her but need to give him half. Do I have to give him anything if he is not following custody agreement?
A:
Unless and until modified by a court order, you should continue to follow the prior agreed order that you each claim the child every other year.
The facts you have stated in your question may be relevant in a suit to modify the prior agreed order. But until a judge signs a new order, always follow the one the judge signed.
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A:
In Texas, as in other states, the agreement to claim a child on taxes alternating years is a common arrangement. However, the requirement to split the tax return or any refund with the other parent is not automatically implied by this agreement and typically must be specified in your custody or support order to be enforceable.
Given the circumstances you've described, where you've taken on additional responsibilities and costs not accounted for in the original agreement, it's important to review the terms of your agreement or court order. If the agreement to share the tax benefits is not clearly outlined or if he is not adhering to his part of the custody arrangement, you may not be obligated to share your tax return with him.
If there is a dispute about the terms of your agreement or if you feel that the current arrangement is unfair given the changes in childcare responsibilities, it may be advisable to seek a modification of the custody agreement through the court. This can clarify both parties' rights and responsibilities, including any financial arrangements related to claiming the child on taxes.
Consulting with a legal professional can provide you with guidance tailored to your specific situation. They can help interpret your existing agreement, advise on potential next steps, and represent your interests in seeking a fair resolution.
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