I know this is a "tax law" forum but i did want to clairify what "acting " judge explained to me...
In Indiana we have (as most states) a child support formula that works out how much child support is paid by the non-custodial parent to the custodial paren
t, also most support calculation work sheets include % 's of support paid by each parent at the bottom. The judge told me that they often give tax credit based on that %.
So, in my case my son's dad makes waaaayyyyy more than me, and hence pays a greater % of " childs income" ( on paper) but we know better!
Example: NCP pays 67% CP pays 33% so to be fair judge orders NCP is entitled to 2 out of 3 yrs, so CP is FORCED by the judge to sign for them to claim/get child tax credit only if NCP is 95% current in support for the calendar yr. Or yrs...
This is supposed to be in the best interest of the child 's household or ideally the parent which the child is "more"/most, financially reliant on. But Indiana laws says the only exception is if it causes hardship financially for the child's household to do so. I take it to mean
( and good luck finding a lawyer who will argue it for u) if NCP pays CP child support pretty regularly and if that child support % is about 50/50 than the parents would take every other year turns w1child or split 2 or more children ,unless the child's household would suffer, and they judge said in so many words that it would have to be drastic hardship or else it wouldn't be worth the cost to the NCP... So, some of u might not like it, and as said above u can ignore the order but is less than $2000 tax credit worth it...?
In my case NCP was more than 5% delinquent and i refused to sign so he filed anyway via mom@hrblock and had to amend it and make payments etc...pay a lawyer to take me to court, then was taken from 2 o3 yrs to 50/50 then he asked for $10 per wk less support instead of any tax claims for last 3 yrs meaning he saves $1560 in support over 3 yrs and doesn't get 2021 tax credit for child... So, u can negotiate this and "agree" w/o even going in front of a judge...
