New Jersey  |  Family Law

Legal Question

Asked on: 10/28/12, 11:27 pm

1. do they take taxes out of child support checks to the payee?

2. can i claim my daughter on my taxes if im not working but the father is?

3. can i get full custody and change my daughters last name if the father put me and his four month old daughter out on the street, will i still need his consent?

1 Answer


Answered on: 10/29/12, 6:32 am by Robert Gleaner

1. Child support that you receive is non-taxable to you. There is therefore no reason to take taxes out of that money.

2. If you are not working, you are not paying taxes. People claim their children as tax exemptions to lower their tax obligation. What taxes would be off-set by you claiming your daughter?

3. Name changes require the consent of both parties. Abandonment of a child may be one of the justifications given for the name change. However, you indicated that child support is being paid by the father. This contradicts any abandonment argument. There may be other arguments for a name change other than abandonment.

Keep in mind that this answer is given based on the scanty information you have provided. My answer may change based on other information. Further, you cannot rely on this answer since you have not retained me as your attorney. To be sure that you have accurate information and direction, you should consult with an attorney. Fell free to call me at 856-546-8010 for a consultation at no charge. Good luck. Rob Gleaner


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Robert A. Gleaner, P.C. 415 S. White Horse Pike Audubon, NJ 08106

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