Child Support Arrearage And Claiming Child As Dependent

**jhoensen** · 01-03-2008, 10:39 AM

In the year of 2006 I accumalated child Support arrearage. I have been paying the ordered $10 a month monthly since going to court. According to our court papers I get to claim my daughter as a dependent for odd tax years. Since it's 2007 tax year I'm planning on claiming her. Whenever this change was ordered (before ex had her every year) I remember my ex saying that I can't claim her if I have child support arrearage. I'm wondering if there is truth to this?

I know that my tax refund will go to ex, so I don't see why it should matter if i claim my child like I'm allowed because it just equals my money payed to my arrearage. I just don't want to get in trouble for claiming her and then the ex claim her also and I be responsible for the payback.

I'm in Ky if filing for state.

**irsfixer** · 01-03-2008, 10:52 AM

If you can't even manage $120 per year to support your child, you should gladly give your ex the exemption.

**jhoensen** · 01-03-2008, 11:26 AM

LOL $120 a year for childsupport I would gladly pay that!!! haha

No I'm saying that I've been paying an arreage payment of $10 that was added to the ORDERED amount monthly...A LOT!!!! more than $120.

**irsfixer** · 01-03-2008, 12:01 PM

Well, $10 a month is not much of an arrearage. How much then do you pay?

**jhoensen** · 01-03-2008, 12:54 PM

I would rather not divulge the information of how much that I pay, I will say that it is WAY over what other people pay for 1 child, and I'm not rich nor do I make a lot of money. It's over 50% of my income.

**llworking** · 01-04-2008, 05:23 AM

Quoting jhoensen

In the year of 2006 I accumalated child Support arrearage. I have been paying the ordered $10 a month monthly since going to court. According to our court papers I get to claim my daughter as a dependent for odd tax years. Since it's 2007 tax year I'm planning on claiming her. Whenever this change was ordered (before ex had her every year) I remember my ex saying that I can't claim her if I have child support arrearage. I'm wondering if there is truth to this?

I know that my tax refund will go to ex, so I don't see why it should matter if i claim my child like I'm allowed because it just equals my money payed to my arrearage. I just don't want to get in trouble for claiming her and then the ex claim her also and I be responsible for the payback.

I'm in Ky if filing for state.

Your ex may be correct. Haul out your child support paperwork and see what it says.

In my state, for example, standard language in child support orders states that the ncp gets the exemption every other year, as long as they are current with their child support. Therefore, in my state, you wouldn't get the exemption because you have arrearages.

Also, this isn't really a tax question, its a family law question. Tax law gives the exemption to the custodial parent, and the ncp can only get the exemption if the cp signs and gives to the ncp a signed form 8332. So you need that as well, unless your courts orders meet the requirements to substitute for a form 8332.

If your orders do say that you must be current with child support, then they are conditional, and do not meet the requirements to substitute for a form 8332.