My 16 year old son, and Child Support help

[bobafrett]

Hi, my son, who turned 16 recently, has been living with me since he was 11. His mother, who lives in Florida still recieves court ordered child support. She also has used my son as a dependent on her taxes every year.

I was never married to his mother. and when my son was born, I signed something in the hospital that stated that the mother had custody of the child, even though we lived together. At around his 2nd birthday I was ordered by DCFS to pay child support, which I have faithfully. I want to stop the child support payments though, as I am paying her for my son, who is residing with me. I fear however that if I do, she will keep him down in Florida when he goes to visit her this next summer. I can't afford an attorney as she takes, and yet never sends any of the money back. I have been paying for his expenses, school, medical, insurance, clothing and such.

The support is not a huge amount, and I wonder if it is worth it to persue custody and stop the support, as well as the abuse of the tax EIC credit that she uses every year.

Any advice? Are my sons school records enough to show the court that he has been residing here in Illinois? Being 16, is it worth the court cost to go after custody, and if so, would I need an attorney?

Thanks in advance.

[bobafrett]

As it turns out, my son's mother is in jail or prison in Alabama. I recently went to court and filed to have the child support stopped, and since it was going through the department of child and family services, his mother had a lawyer there, even though she is locked up. As it ends up the attorney sent his mother a form asking her if I had physical custody of my son during the 4 1/2 years as I claimed. My son's mom wrote back saying that she still feels she deserves to get child support, and that I didn't have medical insurance for my son, which I did, she just never used it. The attorney was going to ask for a continuance, but instead dropped that request, and the judge asked me when I would like to have the suppost stopped. I told him as of June 1st, the date I filed, and he granted it. The judge also set the date for a hearing on my request to have custody changed. One month later I was in court, and I had my case heard, I was the only one who showed up. I went to the witness stand, gave my story, showed the judge evidence that my son had been living with me during the time I had stated, and I was granted sole custody of my son. :D

I did this all with no attorney. I don't reccommend you go about this the same way I did, as laws differ from state to state. The fact that my son's mom is behind bars helped.

[lkeu1212]

You may still be entitled to the earned income credit for your child. You may get all the back earned income credit. Contact the IRS and tell them what occured. You will be sent some forms to fill out, or you can do it over the internet. The Mother will be informed by the IRS that she owes them the money they sent her fraudulently. And you will get that money. Unfortunately I believe it is only retroactive for 5 years. But still it is better than nothing and you and your son DESERVE that money! YOU are the one who EARNED that income tax credit, not his Mother!