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Anthony Sylvio D'Agostino

Anthony D'Agostino’s Answers

2 total

  • Ex refuses to modify visitation by 1 1/2 hrs (work schedule) refuses to offer alternatives, thus denying any visitation at all?

    My fiancee's ex is refusing to work with him to slightly modify his visitation (two 2 hour weekly visits) by ninety minutes so that he can work his full shift and still have his parenting time. The hours were determined over a year ago, and he got...

    Anthony’s Answer

    It could be that something much worse is occurring! It's called "parental alienation'. If your fiancé's ex is frustrating his parenting time with "their" child, she is not demonstrating a willingness or ability to facilitate a close and continuing relationship between the child and his/her father.
    Is she violating the parenting agreement in other ways; e.g., not conferring or informing, not following their holiday parenting schedule, not allowing/facilitating telephonic communication access? If so, the bigger issue here is her parental alienation and she may be brought before the court on your fiancé's Petition For rule to Show Cause. If the judge issues a rule, the burden would shift to her to show cause why she should not be held in indirect civil contempt of court for those specific parenting agreement violations that she has committed. Petitions For Rule to Show Cause are often useful in controlling an alienating parent and may lay the groundwork for your fiancé's future Petition For Modification of Custody.

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  • Can the father of my child claim our kid on tax's even thought the child doesn't live with him?

    The child lives with me,I am the garden,I do everything for our child and the father just shows up when he wants to.the father is on child support.

    Anthony’s Answer

    Only one taxpayer may claim a child for tax dependency exemption purposes in any tax year. You cannot split this dependency exemption between two or more taxpayers. Generally, a child's tax dependency exemption is properly claimed by the residential custodial parent or by the child's legal guardian. (Legal guardian refers to one who has obtained letters of office for guardianship via a court proceeding in probate court.
    Sometimes a noncustodial parent or informal guardian may claim the child's tax dependency exemption if both of the following conditions are met:
    •The custodial parent signs IRS Form 8332 (the pdf is available at
    IRS Form 8332 is a form which is executed by the custodial parent that effectively releases a claim for the tax dependency exemption for the child to the noncustodial parent or other person. Note* a similar written, signed and notarized statement by the custodial parent has also been accepted by the IRS.
    •The noncustodial parent attaches the IRS Form 8332 or the written statement to his or her return.

    In addition, if the custodial parent releases a claim to the dependency exemption for a child in a specific year, the custodial parent may not claim the child tax credit for that child. See also IRS Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.

    Additional Information: If you are the legal guardian of the child, you may want to petition the court (where your guardianship orders were entered) for the IRS Tax Dependency Exemption.
    If you are not the legal guardian of this child (If you do not have court documents establishing guardianship), you may want to consider filing a Petition for Guardianship, obtain Letters of Office for Guardianship and a court order allowing you to claim the child as a tax dependency exemption. Some legal guardians have been successful in claiming the child as a tax dependency exemption by enclosing a certified copy of their court order that indicates to the IRS they are the legal guardian of the child and in residential placement of the child. Another benefit in obtaining legal guardianship is that the judge could order the biological father pay you child support. Whereas Informal guardians sometimes have the burden of proving primary residency of the child if another person has attempted to claim the child's tax dependency exemption. I highly recommend you consult with a qualified attorney regarding these important issues.

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