Blog : Parenting

As tax season approaches, many single or divorced parents have questions about claiming the child tax exemption. Often times, a Court-ordered parenting plan will state that the parents will alternate the years in which each claims a child under the exemption. Sometimes the parents alternate every year, and sometimes they alternate every couple of years. Regardless, when parents are not married and filing a joint tax return, the IRS requires a specific tax form to be filed regarding the child tax exemption.

Tax Form 8332 is for the Release or Revocation of Release of Claim to Exemption for Child by Custodial Parent. This form should be filed by what the IRS calls the custodial parent. The IRS defines the custodial parent as the parent “with whom the child lived for the greater number of nights during the year.” If the parents equally split the number of nights the child lived with each, the IRS considers the parent with the higher adjusted gross income as the custodial parent, with some exceptions for parents who work nights.

That means if the parent with whom the child lived for a majority of a given tax year was not the parent scheduled to claim the exemption for that child, that non-claiming parent would need to complete Tax Form 8332 so that the other parent can claim the exemption. The IRS requires this form to help avoid the situation where both parents claim the same child, which can cause one or both parties to refile or be audited.

It should be noted that under the law in Colorado, if a parent is past-due with child support payments by December 31 of the given tax year, that parent is not entitled to claim the child exemption even if he or she otherwise would be under the parenting plan.

If you have questions regarding your specific situation and how your taxes may be affected, it is best to contact a tax professional to assist you.

If you’d like legal help regarding parenting plans or custody agreements at an affordable flat rate in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

When going through a divorce with children or through a custody case, you will ultimately end up with a parenting plan. A parenting plan is like an instruction manual, providing guidance on things like which parent the children will be with and when, how major decisions will be made, and how financial expenses should be divided.

While a basic parenting plan can be found on the Colorado State Court website, the basic plan does not cover many of the issues that cause conflict down the road. Although not every issue can be predicted, the best parenting plans consider and address all the most common issues that tend to arise. When the parenting plan addresses these foreseeable issues, the parents know exactly how to handle the situation and conflict is avoided. Without a thorough parenting plan, parents often end up back in court, which is both time-consuming and expensive.

When drafting a parenting plan, there are several topics to consider. Although not exhaustive, below is a list of some of the most common issues parents should consider and include in a parenting plan.

• Regular parenting time schedule
• Summer schedule
• Holiday schedule
• Major decision making
• Communication
• Safety
• Exchanges
• Travel
• Division of expenses
• Health and dental insurance

Whether the parents can agree on a parenting plan or whether the Court must step in and make the decision, having a comprehensive parenting plan that covers these topics will help the parents move forward and avoid future conflict.

If you’re looking to have an affordable flat-rate and comprehensive parenting plan drafted in Colorado, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

When a parenting time schedule is issued as part of a Court order, the parents are bound to follow it. A parenting time schedule put in place when a child is young, however, may not be workable once the child is older. As the child grows and his or her needs and interests become more involved, the parenting plan may need to be adjusted.

In Colorado, a Court-ordered parenting plan can be changed upon a motion or stipulation to modify it. Ideally, the parents would have discussed the change and come to an agreement on a new parenting schedule that will work best for the child. Such an agreement is then submitted to the Court using a stipulation regarding parenting time modification to be made a new order of parenting time.

If the parents cannot agree on a modified parenting time, the parents can file a motion to modify, which the Court will oversee. Most likely, the Court will order that the parents participate in mediation to try and come to a compromise. If mediation is not successful, the parents will go before the Court and make arguments as to why their parenting schedule is in the best interest of the child. The Court will then make a decision and issue a new parenting plan.

It is important to understand that if a motion or stipulation has been filed for a substantial modification of parenting time that changes the parent with whom the child resides a majority to time another motion to modify the parenting plan may be filed within two years unless there is a belief the child’s environment may endanger his or her physical health or emotional development. This rule applies even if the previous motion was not granted by the Court.

If you are looking to modify your current parenting time and want to do so at an affordable, flat fee, schedule your consultation today.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

When you have a child with someone, you are forever linked to them. While your relationship may not have worked out, for the child’s sake, it’s important to learn how to successfully co-parent together. Below are some tips for how to co-parent for the sake of the person most important: the child.

DOs

Be open with communication. Provide accurate, complete, and timely information to the other parent when it comes to your children. Don’t keep the other parent in the dark. It’s important your communication about the children is free and open. Consider using a communication tool like www.talkingparents.com to help facilitate that communication.

Practice the Golden Rule. Lead by example. Treat the other parent the way you want to be treated. Give the other parent the information you want to receive. Show up on time if you’d like the other parent to do the same.

Encourage a relationship with the other parent. It’s important for children to have a relationship with both parents. Just because your relationship with your co-parent did not work out doesn’t mean your child’s relationship with their other parent should have to suffer too. It takes a concerned and wise parent to encourage contact between the child and the other parent. Personal bitterness has to be set aside and activities with both parents should be encouraged.

Encourage the discussion of feelings. The open expression of feelings tends to create a healthier environment. But freedom of speech does not mean freedom to insult or punish. Anger should be talked about, not acted out. This goes for both the parents and the children.

Consider the other parent’s point of view. Listen to what the other parent has to say, no matter how ridiculous it sounds, and take a breath. Ask yourself if there is some truth to their concern. Sometimes taking a step back can help you see more clearly. Remember, your co-parent’s most important concern is likely the same as yours: your children. Remember in that sense, you’re both on the same team.

Be flexible. Be willing to compromise some of your demands and, if necessary, negotiate for others. Do not surrender all your rights, but choose your battles carefully. Don’t make a point just for the principle of it or to rub it in the co-parent’s face. Conflicts with your co-parent will always affect your children. They feel the tension and that will interfere with the quality of the visits.

DONTs

Don’t bad-mouth the other parent. Children don’t want to hear bad things about either of their parents, and they especially do not want to take sides. No purpose is served in criticizing the other parent to your children.

Don’t use your children as spies. Children should be given the freedom to enjoy each parent without hindrance or fear of being cross-examined. Children become angry when asked to spy and can easily withdraw from both parents.

Don’t use your children to carry messages. There is usually a period of time following separation or divorce when one parent is afraid to encounter the other, either for fear of letting out feelings of bitterness or for fear of what the other parent will do or say. Under these conditions, a parent may become cowardly and hide behind the children. “Tell your father he hasn’t sent the check yet,” or “Ask your mother if you can go fishing with me next week.” These messages place your child in an uncomfortable position. The child will usually come to resent both parents for having to carry messages. To avoid alienating your children, do your own dirty work! Be courageous and assertive. Speak directly to your co-parent.

Don’t use your children to get back at the other parent. Purposefully being late to drop the children off to get back at your co-parent is not appropriate or healthy. Your children will pick up on this and it will negatively affect them. Speak to your co-parent in private about concerns you may have. Do not use your children as pawns. They deserve better than that.

If you’d like to learn more about parenting plans and schedules in Colorado, schedule a free consultation today. I offer flat fee rates for custody cases, drafting of parenting plans, or review of an existing plan.

Sources:
https://www.psychologytoday.com/blog/two-takes-depression/201203/the-dos-and-donts-co-parenting-well
http://www.afccnet.org/Portals/0/PDF/AzAFCC%20Coparenting%20Communication%20Guide.pdf
http://www.mindbodygreen.com/0-17932/14-tips-for-healthy-co-parenting-with-your-ex.html

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.

I came across this video the other week, and I found it very powerful. What I loved most about it was that it helps demonstrate is that there is no one answer to “What does it mean to be a dad?” Every father is different, and that’s ok. That’s great, actually. Because there is no perfect dad out there.

The best gift a father can give his child is presence – not presents.

Study after study has shown the positive effect on a child of having a present father in their life. Even if the child’s mother and father are not in a relationship or living together, it’s vital the child has ongoing contact and time with both parents.

Whatever your relationship with the other parent, remember, it’s not about him or her. It’s about the kids. They deserve a relationship with both parents.

Learn more about The Fatherhood Project featured in this video, by clicking here.

If you’re a father who does not have regular or any contact with your children and wants to be a presence in their lives, schedule a free consultation to learn about your rights and what steps you’ll need to take.

You can also check out my blog post about how to be recognized as the legal father by the Court so you can be awarded visitation and parenting time.

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This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

Lauren Lester is an affordable family law, estate planning, and probate lawyer licensed in Colorado.