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  1. #1
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    Aug 2009
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    Default Father Owes Child Support and is Claiming Our Son This Year on Taxes

    per our divorce agreement he claims our son everyother year and this is his year. We are going to court for contemt. Since he owes more then 2000 can I ask the judge to overturn the divorce agreement so I can claim my son?


    This is in Mass

  2. #2
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    Sep 2005
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    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    You can petition the court to modify that provision of your divorce decree; it is not as simple, though, as stating "My ex has an arrearage so he doesn't deserve the exemption."

    Note that the IRS has its own rules for who may claim an exemption, and will honor them regardless of what a court orders. The divorce court can order a financial remedy if a spouse claims the exemption per the IRS rules but is supposed to let the other spouse take the exemption per the divorce judgment, but has no power to order the IRS to act in a manner inconsistent with its rules. A parent may cede the other parent the exemption by using IRS Form 8332.

  3. #3
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    Nov 2009
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    Texas
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    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    Is your child support handled through a child support enforcement agency? If he is in arrears and you allow him to claim your son, the tax refund will go directly to you for back child support. Sometimes it actually benefits the both of you to allow the NCP to claim the child. That may be the only way to get the money owed to you and you surely won't be getting any child support if he goes to jail for non-payment.

  4. #4
    Join Date
    Jun 2008
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    243

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    LOL Why would u care if he claimed the kid? Your goinbg to get the money anyways. My son mother lets me claim my kid every year because she knows she will get the money anyway that I owe. Belive it or not were still a team and you should too.

    LEt your ex husband claim him and be happy and stop being greedy

  5. #5
    Join Date
    Aug 2009
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    12

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    How the hell am I being greedy?? Hmmm he OWES me the money! If I claim my son, which I did,,, I will getting my tax refund from having a child. If I let him claim, he would be getting the refund from having a child and his regular taxes. So hmm, miss my refund from my son, or get my refund and the money he owes too? Obviously itjustme you have no clue what you are talking about. So what you work as a team with your ex? i don't care. I am in and out of court with him becouse what he does with my son when he has him that is not safe. Which I win everytime. I fight without a lawyar and he has one. So ya, not everyone gets to have a happy ducky time like you claim too. Your side with him, because you say you OWE! what kind of loser is that? huh?

  6. #6
    Join Date
    Nov 2009
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    256

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    As others pointed out, if your case is being enforced through the state and they have the arrearages on record, if he has a refund due you'll get it anyhow.

    Presumably this is a moot point anyhow given that tax returns had to be filed by April 15th and it's now July.

  7. #7
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    Apr 2009
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    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    Quote Quoting EA1970
    View Post
    As others pointed out, if your case is being enforced through the state and they have the arrearages on record, if he has a refund due you'll get it anyhow.

    Presumably this is a moot point anyhow given that tax returns had to be filed by April 15th and it's now July.


    Well...technically, that April 15 deadline applies only if you actually OWE the IRS taxes.

    If you don't, you can legally file any time you want after that date and still receive your refund.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
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    Nov 2009
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    256

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    Quote Quoting Dogmatique
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    Well...technically, that April 15 deadline applies only if you actually OWE the IRS taxes.

    If you don't, you can legally file any time you want after that date and still receive your refund.
    True.

    I guess I never think about that because I'm too freaked out by the IRS to ever go that route.

    Although I find it odd that if you're owed money you wouldn't file asap.

  9. #9
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    Apr 2009
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    Somewhere near Canada
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    26,547

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    Quote Quoting EA1970
    View Post
    True.

    I guess I never think about that because I'm too freaked out by the IRS to ever go that route.

    Although I find it odd that if you're owed money you wouldn't file asap.


    I agree


    Specially the whole freaked out part.

    I have issues with the IRS just on principle, although I absolutely adored the lady from the Tax Advocate Service who helped us sort things out during Our Little Issue.

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Father Owes Child Support and is Claiming Our Son This Year on Taxes

    Quote Quoting EA1970
    View Post
    As others pointed out, if your case is being enforced through the state and they have the arrearages on record, if he has a refund due you'll get it anyhow.

    Presumably this is a moot point anyhow given that tax returns had to be filed by April 15th and it's now July.
    I think (I could be wrong), she was referring too 2010 being his tax year to claim their child. Meaning April 15, 2011 filing for the tax year 2010.

    To OP: I am not taking sides, but it seems like double dipping. For example, if the NCP worked hourly, wouldn't it be like going to court to try to get him to work only 35 hours a week instead of 40 until he is paid up? You are going to get paid either way, so it seem strange the courts would allow you to change something that takes money out of his pocket to pay you back. I do expect them to seize his tax return to apply toward his arrears.

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