50/50 custody and taxes and means test

[TeacherMomma]

I just thought of something.

I have a stepdaughter who is with us 50% of the time. There is no suport order, only that each parent will split costs with other (it is more techncial than that, but no money is exchanged ever because she is with us equally and he and his ex make the same per year) but no dollar amount each month in an order. We pay 50% of her daycare as well, to the provider directly per the order of the court. My husband lets his ex claim the child on taxes each year, because we have one child on our taxes and having two doesn't help us (doesn't hurt either, but it helps his ex, so he lets her).
My question is this:
Our means test was done on a family of 4, with two children. But our taxes we submitted only have the one, and we had to submit those to the TT and the UST. How will that pan out? The attorney we consulted with said as long as she is with us 50% of the time, which she is, then it is fine to have her there on the means test. But won't that raise a flag - like "where the heck is this other kid?" or do we just explain the situation above?

We are pro se, and thinking too much.

[JRScott]

Basically if they challenge you'll have to prove that the child is in your home half the time and you pay her expenses half the time. You might have to get the mother come to the 2004 meeting if you end up in one, and testify to the arrangement if its not court ordered, or if the child is old enough they might could.

[TeacherMomma]

Oh gosh. Mother would never do that willingly, and if she was ordered would probably not be truthful. She hasnt been in any court proceeding involving this child. She is very angry that 50/50 was given, so I doubt she would be of any help.
50/50 was given no less than two years ago because my husband proved to the family court that his daughter WAS in his home that much to officially change the percentage on paper, eliminate support since mom makes the same salary as him (their house and house)......so I guess we proved it then, we can prove it now. The child will be 10 by then.

Do you really think they will challenge it beyond the explanation we have?

[LuciluS]

Oh gosh. Mother would never do that willingly, and if she was ordered would probably not be truthful. She hasnt been in any court proceeding involving this child. She is very angry that 50/50 was given, so I doubt she would be of any help.
50/50 was given no less than two years ago because my husband proved to the family court that his daughter WAS in his home that much to officially change the percentage on paper, eliminate support since mom makes the same salary as him (their house and house)......so I guess we proved it then, we can prove it now. The child will be 10 by then.

Do you really think they will challenge it beyond the explanation we have?

I would think the Court Document from the underline above in which DH or his Attorney received would suffice to Trustee.

Luci

[JRScott]

Yeah the court document ordering what you say would be sufficient I believe.