Child Tax Credit Dispute

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If there is no court-ordered agreement about the child tax credit and no official custody order, you are not legally bound to send the money to the father. However, it might be wise to consult with a local attorney to better understand your specific situation and avoid potential conflicts.
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Name: Shaodi Reed
Email: shaodireed@gmail.com
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Reason: I have an agreement through text and verbally with my child's father that I would send him half of the child tax credit I received on my tax refund. However, that was before he served me papers stating he was filing for full custody. We have no court ordered agreement about the money and no official custody order at this time. Will I get in trouble if I withhold that money from the father?
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To prepare for custody mediation:
- Gather documentation: child's records, financial documents, and communication logs.
- Consider your child's needs: focus on their best interest.
- Be open to compromise: aim for a cooperative approach.
- Consult with a local attorney for tailored advice.
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To prepare for custody mediation in North Dakota, consider the following detailed steps:
- Gather Documentation:
- Collect all pertinent documents, such as your child’s school records, medical records, and any relevant financial documents.
- Keep a log of all communications with the child’s father, including text messages and emails.
- Understand Your Child’s Needs:
- Reflect on what arrangement serves the best interest of your child concerning their education, health, and overall well-being.
- Consider your child’s routine and any special needs they may have.
- Prepare Your Arguments:
- Be ready to discuss your strengths as a parent, including your involvement in your child’s life and your ability to provide a stable environment.
- Think about the custody arrangement you believe is best and be prepared to explain why.
- Consider Possible Compromises:
- Mediation is about finding a middle ground, so be open to negotiating and compromising where reasonable.
- Think about potential areas where you can be flexible.
- Consult with a Local Attorney:
- An attorney can provide specific advice tailored to your case and ensure you understand your rights and responsibilities.
- Address Financial Aspects:
- Be clear on your financial situation and how it impacts your ability to care for your child.
- Prepare to discuss any child support arrangements.
- Stay Calm and Professional:
- Approach mediation with a calm and cooperative attitude.
- Avoid emotional outbursts and focus on achieving a resolution that benefits your child.
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If both parents claim the same child, the IRS follows tiebreaker rules to decide who can claim the child:
- The parent with whom the child lived the longest during the year.
- If the child lived with both parents equally, the parent with the higher adjusted gross income (AGI) can claim the child.
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If your refund was completely processed before the other parent filed, the IRS will still apply the tiebreaker rules if they detect duplicate claims. They may contact both parents for additional information. Be prepared to provide documentation showing the child lived with you longer or other relevant details.
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If the IRS contacts you regarding duplicate claims, here's what you can do:
- Respond Promptly: Answer any IRS inquiries quickly and provide requested documentation.
- Gather Evidence: Collect proof that the child lived with you, such as school records, medical records, and correspondence.
- Consult a Tax Professional: Seek advice from a tax professional to navigate the process effectively.
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To find out if the other parent has claimed the child on their return, you can:
- Check IRS records: The IRS will notify you if there's a duplicate claim.
- Communicate: Ask the other parent directly.
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You cannot directly check IRS records for a duplicate claim. The IRS will notify you if there is an issue. Here's what you should do:
- Wait for Notification: The IRS will send a notice if there's a conflict.
- Contact IRS: Call the IRS at *-*-*-* to inquire if a duplicate claim was made.
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In North Dakota, if the father is on the birth certificate, you can request a DNA test during custody proceedings. If the test proves he is not the biological father, this could potentially affect his parental rights. However, the court will consider the child's best interests and other factors.
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To request a DNA test in North Dakota during custody proceedings:
- File a Motion: You or your attorney can file a motion with the court to request a DNA test.
- Provide Reasoning: Explain why you believe a DNA test is necessary.
- Serve the Other Parent: Ensure the other parent receives the motion and has an opportunity to respond.
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Requesting a DNA test after 8 years during a custody proceeding may raise questions, but it won't necessarily damage the judge's perception of you. The court will focus on the child's best interests and the legal aspects of the case. It’s advisable to have a strong rationale for the request.
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To present a DNA test request effectively:
- Strong Rationale: Explain clearly why you believe the test is important now.
- Best Interests: Highlight how the test aligns with the child's best interests.
- Legal Support: Consider consulting with an attorney for tailored advice.
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Here’s what might happen in North Dakota:
- The court will consider the child's best interests.
- The man may lose legal parental rights if the DNA test shows he's not the biological father.
- However, the court might still grant him custody/visitation due to his established relationship with the child.
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In North Dakota, even if a man is not the biological father, he can still achieve full custody if:
- He has established a significant parental relationship with the child.
- The court determines that it is in the child's best interests.
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To understand the specific factors the court considers in granting custody to a non-biological parent in North Dakota, the court will evaluate:
- The child's best interests, including their emotional and physical well-being.
- The established relationship between the child and the non-biological parent.
- The stability and environment provided by each parent.
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Here are more detailed factors the court will consider:
- Child’s Best Interests:
- Emotional and physical well-being.
- Stability and continuity in the child’s life.
- Preferences of the child if they are of sufficient age and maturity.
- Established Relationship:
- Length and quality of the relationship between the child and the non-biological parent.
- Involvement in daily care, education, and medical needs.
- Parental Stability:
- The ability to provide a stable and nurturing environment.
- Financial stability and living conditions.
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Yes, you can request a DNA test before custody mediation in North Dakota. It's advisable to file a motion with the court for the DNA test and provide a strong rationale for your request.
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You cannot legally take a strand of hair without his knowledge for a DNA test. Paternity tests in North Dakota should be court-ordered and done with the consent of the involved parties.
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If both parties agree to a paternity test, it does not necessarily need to be court-ordered. However, having a court order ensures the results are legally admissible in custody proceedings.
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Without a court-ordered agreement, you are not legally obligated to send the money to your child's father. However, withholding it might influence current custody proceedings. Consulting a local attorney for tailored advice is recommended.
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Withholding the money could potentially impact the judge's perception of your cooperation and willingness to prioritize the child's best interests. It might be seen as a negative factor in custody proceedings. Consulting an attorney to navigate this situation wisely is advisable.
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Withholding the money to cover legal fees may be seen as a reasonable action, especially if it directly supports your ability to secure legal representation. However, it's important to document how the funds are used and communicate this intention clearly. Consulting a local attorney can help you navigate this situation effectively.
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If you need the money for household items, clothing, and food for the child, it strengthens your position. Documenting and clearly communicating these needs can positively impact your case. Here's what you can do:
- Document Expenses: Keep detailed records of expenses for household items, clothing, and food for your child.
- Communicate Needs: Clearly explain to the court why the funds are necessary for your child's well-being.
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The court will prioritize the best interests of the child, which includes stability and continuity in their environment. Factors considered include:
- The child's current educational and support setup.
- The impact of moving on the child's well-being.
- The relationship with both parents.
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To detail these factors for your case effectively:
- Current Stability: Highlight the child's strong ties to their current environment, including school, special education support, therapy, primary care, and familial support in North Dakota.
- Impact of Move: Emphasize the potential negative effects of moving on the child's well-being and support system.
- Parental Relationship: Illustrate the importance of maintaining a stable relationship with both parents.
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Yes, such behavior can negatively impact the judge's perception of the other parent. The court generally disapproves of attempts to alienate the child from the other parent or making unfounded claims.
Would you like assistance in documenting these actions and presenting them effectively in court?

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To effectively document and present these actions in court, you can:
- Gather Evidence: Collect all communications where these statements were made, such as texts, emails, or recorded conversations, if legally permissible.
- Witness Testimony: Have credible witnesses who can attest to the other parent's behavior and statements.
- Document Impact: Note any emotional or psychological impact these actions have had on your child.
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In North Dakota, recording your child without the other parent's consent may not be admissible in court. However, you can document your child's statements in writing and gather other supporting evidence.
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To properly document your child's preferences and statements:
- Written Statements: Write down your child's statements about their preference to stay and any negative things the other parent has said.
- Consistent Documentation: Keep a dated journal of these conversations and observations.
- Third-Party Testimony: If possible, have a neutral third party (like a therapist) document these statements.
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Here’s a summary of what you should document for your case:
- Written Statements:
- Write down your child's statements about their preference to stay and any negative things the other parent has said.
- Keep dates and context of these conversations.
- Consistent Documentation:
- Maintain a dated journal of all relevant conversations and observations regarding your child's well-being and preferences.
- Third-Party Testimony:
- If possible, have a neutral third party, such as a therapist, document your child's statements and any impacts on their well-being.
Would you like more detailed steps on any of these documentation methods or assistance in connecting with a local attorney?

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Yes, you can ask a therapist to discuss your child's preferences and any statements made by the father. The therapist can provide professional insights and documentation that might be useful in your case.
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To approach this with the therapist:
- Schedule a Session: Arrange a session with your child's therapist to discuss the custody situation.
- Express Concerns: Share your concerns with the therapist about the potential move and any negative statements made by the father.
- Request Professional Input: Ask the therapist to explore your child's feelings and preferences regarding the move and any influence from the father.
- Documentation: Ensure the therapist documents the child's statements and any impacts observed professionally.
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To discuss this effectively with the therapist:
- Schedule a Session: Set up an appointment specifically to address custody concerns.
- Share Context: Provide the therapist with background information and your concerns about the potential move.
- Request Exploration: Ask the therapist to gently explore your child’s feelings about the move and any statements made by the father.
- Professional Documentation: Request that the therapist document the child’s statements and any emotional impact professionally.
Would you like assistance in finding a local attorney to support your case?

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Yes, bringing documentation from a therapist to custody mediation can be very helpful. It provides professional evidence of your child's preferences and the impact of the other parent's statements. Ensure all documentation is thorough and clearly presented.
Would you like more tips on how to present this documentation effectively during mediation?