Is my ex allowed to claim our child on taxes?

Is anyone familiar with the laws on filing your children on taxes? According to the divorce, we rotate, claiming our daughter every other year. This would be his year according to the divorce (2017), but he hasn’t paid child support in 2 years. Not once. Is he still allowed to file her? I don’t feel like it’s fair at all. I don’t want to get into any legal trouble, but I feel like I rightfully should file her. I’ve been the only one providing everything.


If it’s in the court order, yes he can claim her. Even though it’s unfair.


he shouldnt even be asking if not paying child support he sounds money hungry not a caring dad

I would call and check for sure but if he hasnt provided for her then you should be claiming her

Your best bet is talking with a lawyer. I’m pretty sure you’d have to take him back to court, or call the attorney generals office and let them know he hasn’t been paying her.

If it’s in a legal contract you need to let him claim her otherwise you will get in trouble


No you have every right to claim since he dont pay child support.

Ask the judge/attorney that handled your agreement.

If it’s in a legal.binding document then yes hes allowed to claim reguardless

I would speak to your lawyer. If he isn’t paying child support and both that and the tax thing was mandated you may be able to get around it.

If she lives with you more than 6 months out of the year, you claim her.

He can claim her and you’ll get all his tax money if there’s any back child support that needs to be paid.

Talk to your lawyer not the internet? :exploding_head:

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If its in the court order than yes he can but childsupport will take what’s owed out of his tax refund

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If childsport is through the state than when he files you will get his taxes regardless on if he claims or not. But to answer your question if its court ordered than yes he can claim her on his years. And nothing you can do

If the legal agreement is that you alternate and there’s no caveat for child support, then it’s his year and it doesn’t matter if he’s paid. If you want to change the alternating agreement, you should speak with your lawyer to modify the agreement.

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If he gets a return the state will take it to pay you for his back child support

Oh since he dont pay child support. You can go tut o court and have his taxes sent to you for back child support.

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Yes he can however if he is backed up on child support that refund will be taken to pay his debt. My husband is back on his child support for my step son and we dont get a refund it’s ok to us cause the money goes to her. The child still needs to be taken care of.


Talk to a lawyer. But if he owes back pay, they take what he owes out of his taxes. Or at least here in MI they do.

Unless it says he can’t then yes he can. If cs is thru state the money will go to you anyways


I’d think he could hold you in contempt possibly…
But I’d threaten to bring it up if he threatens you for claiming her.
2 years behind on support is a lot more than a child tax credit is worth lol. So he’d be pretty dumb

If you have a legal agreement he can. Might wanna go back to the courts.

Why isnt the state making him pay child support? There is child support enforcement for a reason. If he is court ordered to pay and he is not paying, hes in contempt of the court order.
If you claim her on his year without going to court, then you would be in contempt of the court order.
Go back to court.

If it was was in your agreement than sounds like he should claim the child. You should be able to file against him for back pay to get the chil support he owes taking out of his taxes .

He might just get it taken away for back pay if child support is court ordered.

Talk to a lawyer but because it’s court ordered, you need to be cautious. Either way, if he owes back pay and child support goes through the courts, they’ll just take all his taxes anyways. :woman_shrugging:t2:


Let him file so they can take it. You win :woman_shrugging:t4:

My guess is, that while he is still in contempt of court for not paying child support, that you still have to abide by your court order and rotate claiming the child on taxes. Therefore, it’s his turn. :pensive: Wishing you the best.

He can file but if he hasn’t paid child support he won’t get a state return. I’ve had an ex not pay and they immediately take the state return to cover past due support. Check with Friend of the Court in your state to see how they handle.


Let him claim her then try to file to get them to use his tax return for back child support.

Yeah if its his yr to claim her let him claim her. I get u provide for her but since you guys agreed to rotate claiming ur child for tax time

He’s invoiltion of the divorce decree.

My dad owed $30,000 after I turned 18. When he started filing, the IRS took every return until it was paid off

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Call your lawyer asap so you can fill for your child.

Is there a child support case open? If there is, & if he’s behind that much, the child support would use an enforcement called “federal & state refund offset” meaning anything he gets back, will go back to you.

If he does claim your child and the support is court ordered it will be taken out of his tax refund.

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If the court order says he must be up to date on child support to claim her, and if he isn’t up to date, he cannot claim her. Claim her, if he claims her it will be illegal on his behalf. One of you will get audited (him) but you will have paperwork to show he couldn’t legally claim her since he wasn’t up to date on cs. If the divorce decree doesn’t state he has to be up to date on child support than you cannot claim her if it’s his year.

I’d ask like legal aide

I’m not sure … but my sons father owed and anything he got they gave me half

Unfortunately he gets to, it’s a court order. However I would contact the DA office and petition the court to have it changed due to his failure to pay child support (assuming it’s court ordered) and hopefully you’ll either start getting child support or get to claim child every year on your taxes.

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He CAN, but if you also claim, theyll require both of to provide proof of who she resides with more unless otherwise arranged in a custody/divorce agreement

If it’s written in your divorce that you rotate, then you must rotate unless there has been another court order that replaces the first, even if he hasn’t been paying child support. You’ll have to go to court to request the backpay in child support. Don’t screw yourself over with the IRS by claiming your daughter this year if you have a legal agreement that says this is his year to claim her. If there’s something in the divorce decree that says he cannot claim if he hasn’t been paying (and is obligated to pay) child support, then that’s a different story.

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If it’s his year yes. They will most likely take all the return and give it to you, depending how much he is behind.


You would most likely get
All your backpay from his check.


If he claims her they will take every penny he has missed &it will go to you.

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I have had a court order for 10 years and my ex husband has never paid his child support so I claim them every year. Court order or not if he’s not paying he should not be claiming them on taxes.

I can say that my daughters sperm donor rarely has paid child support. His wife works and so they file taxes, the government actually takes it out of her taxes and sends it to me.

If he files his daughter for child support and I have to pay child support if you’ll take what he owes and get the balance

According to my judge if he is even a penny behind on child support he is not allowed to claim my daughter. I have claimed her the past 3 years

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i agree with the rest, if he is behind 1000.00 they will take his tax return and pay you first. if it is in your divorce decree, you can’t go against the judge and file. he is waiting for you do that so he can come back and say your in voilation which could hold you in comtemp of court.

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Child support will take what he should get back, as long as you’ve went through them

My daughter had put in hers he has to pay and stay current. Which he has not therefore he will never get thr benefit go get it changed

I had same situation and yes he can claim. Go through the state they will collect on your behalf . Up here in chicago you can do the request online.

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Also if your the only one providing and have proof of that, I’d be taking him to court, especially since he is t keeping up on his child support. Now would be a good time to get it to where you claim her every year.

You need to ask someone with a legal background NOT facebook.


Check with Irs they can let you know

Federal law trumps any judges order… whoever the child resided with more than 6 months and 1 day is to claim the child. Just be sure to have documents as in school, medical records proving your address.

If he has back support then it’ll all be taken, unless there is no child support order, i’d suggest getting one to ensure he pays or gets penalized for not paying.

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He can claim her but child support can take back support out of his refund.

If he claims her you’ll get the money anyway.


According to your divorce decree yes he can. Why you allowed that is beyond me. However, If he pays child support through the state (or he is supposed to) they will take his entire tax return to apply to his unpaid balance and send it to you.

You need to contact your lawyer and get that taxes piece amended so he is taken off. Legally if he doesn’t have her 6+ months of the year he shouldn’t claim her.


Just file a tax intercept on his taxes and let him claim her. You’ll get his return to cover the past due support

Even if he did claim her or try to the first question always is do you support the child for more then 6 months out of the year and obviously that answer is no so he wouldn’t qualify

He could get in trouble if he’s behind in child support, plus they’ll garnish his taxes anyway and you will get paid the back child support

You need to go back to court.
If you file when it is his year, he can take you to court and make you pay him that money back.
Go to court and get your stuff amended.

If in divorce decree then yes he claims them… otherwise you can get in trouble

Make sure the court and IRS are aware. They will put his return right in your account. Lol


If he does claim her and he owes you back child support I think half or whatever he owes you goes to you. But I could be wrong. Atleast that’s how the system SHOULD work. Good luck

I had it like that too and unclaimed my kid every year anyway. He never paid so I always claimed her and when we went to court for his non payment he tried to complain about it and the judge shut him down quick. If he isnt abiding by the court order he basically is making it void

If he owes back child support they will garnish directly from that income tax. So you’ll get it either way.


If you go through your state to get child support, they will automatically take his tax return to repay what he owes in child support


I’d ask a lawyer, not Facebook.


If you both file you’ll have to prove who provides for her once they audit you. If he’s not paying child support I’m sure you have some notice regarding his unpaid child support? Send that in when they ask and you’ll be fine. The court order was based I’m sure that he’d be providing for her which he’s not soooo…

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He would be allowed to claim her since it is his year. Since he owes back support, it would be taken out of his taxes so you should get something

If it’s court ordered that he has to pay child support and he hasn’t then the back amount owed should come out of his taxes I would confirm that with your local child support office I know that’s how it is here in Washington

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If he is behind on child support all of his tax return should go to that unless there is another child who had an order before yours

If he claims her they will give you the money for the back child support anyway. Happened to me last year

According to the papers yes it’s his year and yes he can.

Go talk to a lawyer. They can make sure everything is super clear to your case and your papers.

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According to my state, he has to be at least 90% caught up on support for him to claim her. But call the child support office to find out and make sure.

They will take whatever he owes out of the taxes

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My ex owed me child support and they paid me from his tax return… and he didn’t claim our son.

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If he had back child support the refund will pay it back. You should be able to check the tax intercept info on your case with the child support office and it will tell you if they are holding it

My ex got his taxes taken last year because he didnt pay child support, (from his other baby mom) he tried working under the table to avoid paying but he will owe you they will take his taxes

Let him claim her. Always follow the court orders no matter what he does.


If it’s not court ordered… The parent who has child six months or more a year (custodial) parent claims child…

My divorce stated if he was behind then he could NOT claim the kids.

Let him claim this year and hope you get the return for child support but go back to court after and have child support done through the state or have judge specifie that if not current on child support you claim! You dont want to get in trouble with IRS

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If your divorce says you switch years and doesn’t say anything about having to be up on child support then yes he can. Take him back to court and get it changed

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Yup but if he owes you back support it will go to you anyway

If you claim on his year, he could take you to civil court. I called IRS and they told me this was a civil dispute, whoever claims her first is who they go with. Take him back to court and get a judgement, attorney fees, interest, etc…


Bth, if he files. The money won’t go to either of you. It will just go to the state. My dad gotten 5000 dollars taken out of his taxes, and my mom didn’t receive a cent.

it goes off your court order. If your court order says he must be current in order to claim then no he cant claim. But if your order doesnt say anything about it then yes he can claim. I literally called child support on it this month. They also said if they owe 50+ they can take their state taxes. 500+ they can take their federal taxes. Hope this helps.

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If the child support is court ordered an he hasnt paid if u have reported it they usually give u his tax money

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Heres the real thing. If she lives with you. The IRS does not care about a court order. If you provide more than 50% of her care and she lives with you more than with him.
You claim her.


Why isn’t he paying child support it should be court ordered… If he’s working they should garnish his wages…


Some of y’all are missing the point. If he claims the kid and the money “just goes to mom for the arrears”, it is literally like he is getting a reprieve on his support. His arrears go down and he literally does nothing (other than claim a child whom does not live with him 6mos of the year). Mom needs to file the kid. That way, she receives all money that is due to her and his arrears continue to grow since he is not making payments.

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If he files with her, you’ll get the refund on child support.

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Call lawyer for advice!!!