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  1. #1
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    Default Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    My ex-husband called yesterday pretty irate saying he was going to claim my kids on his tax returns this year. Per court papers he has the right to claim them every other year, but I dont see it fair. I claimed them again this year and he's threathning me with an IRS Audit. I thought he had to be current with his child support in order to be allowed to claim them. He is 11,000+ in arrears. He has no relationship with my kids now almost 15 and 18. No communication in the last 2 yrs. I pay the medical, dental, school expenses, I provide food, clothing and everything a 14 and 17 yr old need. He does pay child support, but hardly ever the amount he's supposed to. In the lst year he even missed paying anything 4 months out of the year. If I have sole custody and 90% resposible for them shouldnt I be allowed to claim them despite what the order says? Or should I worry that I will have to pay the IRS back?

  2. #2
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    Nope. You cannot go against the court order UNLESS the court order states that he MUST be current with child support before he can claim the kids.

    Be prepared to repay....
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    You do have to go by the court papers. In the mean time contact an attorney and tell them you want to file an amendment to the divorce regarding the children and this may be resolved. In some states if he is not paying child support or having any contact with the child for 2 years he has given up his rights. Also by law whom ever claims someone on their taxes they must be able to prove the provided at least 6 months total support of the children. Good luck just put out a warrant same situation my boys are 17 and just turned 20 and he owes 120.998.00

  4. #4
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    Quote Quoting lfriday
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    You do have to go by the court papers. In the mean time contact an attorney and tell them you want to file an amendment to the divorce regarding the children and this may be resolved. In some states if he is not paying child support or having any contact with the child for 2 years he has given up his rights. Also by law whom ever claims someone on their taxes they must be able to prove the provided at least 6 months total support of the children. Good luck just put out a warrant same situation my boys are 17 and just turned 20 and he owes 120.998.00


    This is not accurate.

    NO state allows an automatic termination of parental rights.

    Many states allow the custodial parent to petition the court (for various reasons), but it is never automatic.

    (And the timeline varies, too - in some states, it only takes 6 months of "no contact" )
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    Quote Quoting vromero
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    My ex-husband called yesterday pretty irate saying he was going to claim my kids on his tax returns this year. Per court papers he has the right to claim them every other year, but I dont see it fair. I claimed them again this year and he's threathning me with an IRS Audit. I thought he had to be current with his child support in order to be allowed to claim them. He is 11,000+ in arrears. He has no relationship with my kids now almost 15 and 18. No communication in the last 2 yrs. I pay the medical, dental, school expenses, I provide food, clothing and everything a 14 and 17 yr old need. He does pay child support, but hardly ever the amount he's supposed to. In the lst year he even missed paying anything 4 months out of the year. If I have sole custody and 90% resposible for them shouldnt I be allowed to claim them despite what the order says? Or should I worry that I will have to pay the IRS back?
    The IRS will side with you, not your ex. Your only worry is the state court judge if he takes you to court for contempt.

    However, if he takes you to court for contempt, you are going to counterfile for contempt for his lack of payment of the court ordered amount of child support. At that point, there is a reasonable chance that the judge will NOT hold you in contempt at all, but will hammer him instead.

  6. #6
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    Quote Quoting llworking
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    The IRS will side with you, not your ex. Your only worry is the state court judge if he takes you to court for contempt.

    However, if he takes you to court for contempt, you are going to counterfile for contempt for his lack of payment of the court ordered amount of child support. At that point, there is a reasonable chance that the judge will NOT hold you in contempt at all, but will hammer him instead.


    Based upon what? *confused*

    NCP is allowed to claim the kids every other year - this is his year. His non-payment of child support doesn't even enter the equation UNLESS it is actually part of the court order. While the IRS may side with Mom initially, Dad has not done anything wrong at this point.

    Of course it'd be great if OP came back to clarify...
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: Can My Ex-Husband Claim My Kids on His Taxes if He Owe's Back Child Support

    Quote Quoting Dogmatique
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    Based upon what? *confused*

    NCP is allowed to claim the kids every other year - this is his year. His non-payment of child support doesn't even enter the equation UNLESS it is actually part of the court order. While the IRS may side with Mom initially, Dad has not done anything wrong at this point.

    Of course it'd be great if OP came back to clarify...
    She stated that dad was paying child support, but not paying the full monthly amount he was ordered to pay. The whole purpose of allowing the NCP to claim the children every other year is because the NCP is sharing in supporting the children according to the levels stated in the court order. Even if the order does not specify that the NCP only gets to claim the children if he is current with support, there is also an element of financial justice that comes into play when these issues are addressed in court. These are not unrelated matters the way that say, child support and visitation would be unrelated.

    I have recently seen this addressed in court. The CP was not held in contempt and the NCP got hammered by the judge. The judge did however, reduce the amount of the NCP's arrears by the difference in what his tax would have been.

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