Where I am at if they are behind on child support they cannot claim the children on taxes
Then ask a lawyer , be safe.
The IRS took my husbands refund for a couple years from where he didn’t pay child support due to not working (years before we got together) and when he cut his finger off they took the remainder child support owed from his settlement. So i wanna say he can file but they may take it and send it to you. Thankfully the last 5 years we haven’t had an issue bc it comes out before he even gets his paycheck. NC here
Your kids ain’t your paycheck. Let him claim him. You’ll get it next year
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If it’s court ordered he claims her this year even if he didn’t pay support
But if he does claim her and the state sees he owes all of his taxes will go to you each year till he is caught up but you better go to the court house and inform them so they can put an order into the state to with hold any taxes he gets
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Ya me and my ex rotate every year but only if child support is caught up. If behind then he doesn’t get to claim and i do
It happened to my husband when he was out of work till he got caught up and this year we were in a wreck and lost our jobs and he was out of work for almost 3 months and he got behind for those months so our state will be taking that amount that he owes out of our taxes it isn’t much at all. So he can claim him this year cause he is still 95% caught up
If it’s his year he has yo file. If he isn’t paying child support they should be withholding any returns
If he owes on back child support…the IRS pays what he gets to you…if he gets money back…I think
I would definitely check into that. But if you both claim the child the IRS will ask for documentation on who had the child during the year. But if they allow him to claim the child, anything he owes in child support will come directly to you. My daughters father was almost 3000 behind one year and I got that all out of his taxes. And be prepared for that one because he will be pissed lol
I know that if he claims her he still ain’t getting that back cause he hasn’t paid in two yrs. It automatically goes to you an he can’t stop it. I get my ex’s back every year cause he is 6000$$ behind in back pay so till that gets caught up he ain’t getting no tax return untill its paid
All he has to do is file. They hand you the money easy peasy
I get to claim my daughter until my ex is out of the arrears. Luckily for me. He’s never been in the positives lol. Also you should have had it stated in the divorce papers that you claim her every year until he’s in the positives. That’s what I did
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Let him do it, you will get the money.
Go ahead and claim her based on the fact that I’m assuming she has been with you more than 6m out of the year. Federal law trumps a court order like that.
He is legally the one to claim her. If he owes back support his refund will be taken and applied to what he owes anyways.
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File a court petition now to change the previous judgement. Use his failure to support your daughter as a reason. Why should he be allowed to profit off your child?
Yes you should get some of his taxes for past child support. But I believe it’s only a percentage of his return. You probably won’t get all that he owes & what you will get for claiming her. Let his child support build up while you get your rightful return.
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Does your court order require him to be current on payments in order to take the deduction ??
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If he owes back support, they’ll take his refund and you’ll get it anyway.
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If it’s his turn you can’t.
That’s the plus side… you’ll get the child support he owes ya. But yes if it’s in the divorce then you cant keep him from filing.
In Wisconsin of they are behind on their child support they can claim only if the other parent doesnt
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Technically by irs standards whom ever the child lives with 6 or more months out of the year claims the child the irs doesn’t give a shit about court papers
Yes he can still file using her but odds are it will all come to you in back child support
He can’t legally file without you signing an 8332 if your order is from 2009 on. Regardless of what that order says. That 8332 form has to be signed by the custodial parent releasing your claim. You can get in trouble with the court that wrote the order if he takes it that far but not by the IRS. You can no longer attach decrees to taxes to claim children on taxes.
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Follow the court order. My ex husband tried to claim our daughter a few years ago … and he is not allowed to claim her at all, and is 76,000$ behind in child support… my taxes were flagged when I went to file my taxes! Wisconsin and the IRS got his behind. I don’t live in the same state as him either but don’t mess around with court orders. His taxes will get garnished. IF he doesn’t owe any fines to the state, or owe taxes. They will always get his tax money before you. I have not received any of his taxes in 4 years because of all of his court fines. While the extra money would be nice… no amount of money is worth you getting into trouble momma! 
If it’s his year that means it’s HIS year…
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IRS rules are federal law, divorce decrees are state law so IRS rules will always trump court orders. He can claim the child as a dependent but the custodial parent or parent the child lived with the greater part of the year is entitled to the earned income credit, etc. that’s the credits that get you the big bucks that most people are after at tax time. So to answer your question, if the child lived with you more than 6 months then you should be claiming the child for these credits regardless of the divorce decree. I own tax offices and have done taxes for 10 years I promise you this info is accurate and would be happy to answer any other questions you may have if needed.
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My court order requires my ex to be current on child support payments in order to claim her. Check yours.
Ive worked for the IRS. You have to go by what the court order states. Regardless if he’s paid or not or if you’ve provided more or not. I’d take him back to court and get that part changed if he hasn’t been paying for that long.
My divorce papers specifically said if he is up to date on child support so it might depend on exactly what you agreed on when the papers were signed.
Not sure how that state is, but my lawyer told me that if at 11:59pm on December 31st he is in arrears even one cent, I have mine done through the state btw, that he cannot claim for that year.
If he’s behind chances are you’ll get his refund they have to be behind at least $500 let him claim her you’ll get it back anyways
If your the custodial parent you have the right to claim your kid. You can let him claim the dependent deduction and other child credit if you fill out the 8332. If for any reason he beats you to claiming the child you can still file by paper (not electronically) and send in report card info or info proving child lives with you for 6mo or more in the year. IRS will review and give you the money if they think you deserve it.
Let him claim her, you gonna get the child support money he owes…besides that if it’s in the divorce agreement than no you cant. But I would just check with legal aide/lawyer just to be sure.
Let him claim, you’ll get the money anyway if he actually owes back child support
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You will get it all at the end, if he is behind in support!!!
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File for non payment is child support and get it all
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Typically the court orders say the non primary can only claim if up to date on CS. Regardless, his state return would get intercepted and go to you anyways. I’m not sure about federal. I dont know if they can take those.
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He can file but if he hasnt paid child support u will get the money. Always follow court orders no matter what
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Child support with take his taxes for his back child support
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If it is written you must do it. However, here in Michigan if they are behind over a grand they will take federal taxes and you will get the money six months later
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Just follow whatever documents because you dont want to get introuble like everyone else said you’ll get most of it anyways if he hasnt paid in 2 years.
take him back to court make sure you can prove he hasnt seen he and they to get sole custody if you can
let child support agency know and tax dept they will be able to give you a clear yes or no and help put things right x
You have to follow court orders…HOWEVER* if he owes back child support, and he claims her, any refund will go to the state and then go to you to cover his child support. He won’t walk with money, and it may actually work to your favor!
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I make my ex write and get notarized that I can claim my oldest bc in our decree it says he can. He hasn’t paid child support in idk how long and I’m sure he’s not filing taxes
Yes he can claim her but you can file to with hold his taxes for back support
If his not paying nothing I’d take him to court to change that ur the one providing not him
If your court order is rcmp enforceable I wouldn’t mess with it. Let him file. And go back to court to bring it up.
Check your agreement. In most cases the “switching off” only applies if he is up to date on his child support.
Tax laws trump divorce papers. If he also claims her yall could be audited but as long as you have proof you’ve had physical custody he’d be the one having to pay back the IRS. Took a tax class a couple years ago and this question was addressed.
You should have been claimed her the past two years it’s whoever provides for her Foley all year I don’t understand why it’s in an agreement with the court when it’s purely the IRS who gets choose
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The person who has the children 51% or more of the time is the only one who can legally claim the children.
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Follow the court order and get his ass back in the court room
Let him claimed her that money is coming right back you
Federal law trump’s state laws every time. Period.
Even if it is his year to claim, he didn’t fulfill the federal obligation of actually providing the support. So if he claims them, he is committing tax fraud.
Since you did fulfill the federal obligation of supporting them, per tax law you are absolutely allowed to claim him/them
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If he’s ordered to pay child support and doesn’t then he files taxes they will give you the money for back child support
If he files them and he owes you child support usually they will take it out of taxes and send it to you anyway
It is his year let him file with her because as soon as his taxes are done he’s not getting any of it you are for back child support
Claim your child. Who claims a child on taxes is “underwritten” in custody cases-- Just like visitational times. By law, the person who has the child 51% of the time or more can claim the dependency. If he tries to claim her, knowing the information on the documents is false, he will be the one that gets punished by the law.
You claim your child on your tax I’d your child alson don’t pay s
Havr his taxes offset for non payment… Call and bitch until they do it
If it’s in the agreement then yes he claims this year BUT if he is late on child support he won’t get the refund it will go to you
Go to back to court, in the State of Arizona if the Non-custodial parent who’s paying can claim child on their taxes but if they have Any back child support in arrears they cannot claim the child on their taxes. Check with your state laws on child support
IRS says one must have their child 50%+ of the year to claim them. But if your divorce decree says you rotate years then he can take you to court for going against the divorce decree. Also if you BOTH claim her then the IRS can come after you both and it can create a legal mess.
If it’s court ordered then I’d say yes he probably can, also if the child support is court ordered then whatever he owes you will be taken out of the return. But they won’t release it for 6 months.
All these people saying you will just get it anyway… some people have to pay in so no refund to garnish.
If you have a decree that states he can then he can file. Back child support and your potential contempt of court case if you claim her are two separate issues. Sounds like to keep yourself out of the hot seat you need to file a motion to modify your decree and ask for 60/40 physical custody with the judge granting you sole tax exemption claims.
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Mine is if he isnt current on child support, he can’t claim him.
Well u best file a motion because if his papers said he allowed to file this year he can the judge ordered it
Check with IRS.In S. C. If you owe back child they take your refund to give it to the child support office and they send.it to you.
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Contact DCF, they will work for you & if you have a case file with them then every penny of his taxes will go to you, because he owes back support.
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If he does he would have to get them done all over you just have to file a petition in the court if he does them and then the judge will have a hearing and make him redo his taxes and you would be allowed to do yours it’s just going to be a bit longer but if he owes you child support and it’s Court order then it might be intercepted and you still get just get a child support enforcement officer to start the process
It depends on your divorce decree , in my case no my attorney told me No , one because children do not live with him he must show proof that they live with him at least half of the year, plus to me it doesn’t make sense that all the child support he’s sending he will get refunded that’s how I see it but again it depends on your order
If You’re the main provider and head of household mainly or fully, then you can file. If he hasn’t made court ordered payments, (one of the questions while filing) and he’s not honest and lies saying he’s made the payments, he’ll get a check. If he’s honest he may not get a return at all. I’d say you file and before him if you can- it seems like the right thing to do. Plus if he hasn’t made cs payments, how can you be sure he’s responsible enough to file taxes? If you both are cordial to each other and have the child 50/50 then this is a conversation to have with him. And whoever files, maybe you two can spilt the child part (you can determine the amount your child solely brings to the tax situation) and put it in an account for the child or whatever you decide with your halves. I dunno I’ve never been in the situation but I’ve seen many diff outcomes from different ppl in my life. Hope that helps.
Remember, when you file a tax return all refunds are subject to withholding and child support arrears count.
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Well, if I’m not mistaken, when you file taxes and claim a child they have to have been in your care for a certain amount of time out of the year and you have to have provided a certain amount of their care. Can’t remember all of the details at the moment.
Ultimately I feel that the best thing to do would be to talk to your lawyer and find out where things stand legally just to be safe.
You should comply with the order and file a contempt petition for non payment of child support. Then when you’re before the judge request to modify and claim your child every year. Most states have a guideline. For example, if the child is with one parent 60% of the year or is the custodial parent, they claim. But, you’ll have to modify the original order since it was specifically addressed.
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Only the person who has the child 51% of the time is able to legally claim on taxes despite what divorce and custody paperwork says it says it on the bottom of the child support statement you will or have gotten
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In Indiana the child support payer must have paid 95% of child support paid for the year to claim.
Whatever it says in your legal. Divorce and custody papers is what the rule is. If you file and it’s his year the IRS can fine you and you could possibly face criminal charges.
Do not hurry and go file. It’s his year and it’s in the papers. If you file on his year you can get in trouble.
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If its in the court order that he can only file as long as he’s up on child support then you have nothing to worry about otherwise contact the court and find out
Calculate your taxes twice. Once like you were filing claiming her and then the one you send in (after making a copy) without claiming her.
Take him to court. Bring those calculations and whatever he hasn’t been following (i.e. child support, any visitation violations, etc.) and get the order amended.
First, Why have you not Petitioned the court for non payment of child support?? Secondly, you can contact child support and let them know the situation. If he is that far behind, they will submit a tax intercept anyway.
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Let him claim her as the decree states. If he owes back child support, it’ll come back to you anyways. File a contempt of court for no payment of child support.
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If he owes you back child support his tax return will end up going to you anyways at least in Arizona it’s that way
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This was my one mistake on my divorce, my ex sees the kids 36 hrs every two weeks( hes ordered more but refuses to take them the full weekend because he has to “work”) anyways he claims one kid every year. He does pay child support but i dont really see wht he should claim the kid, even when it was agreed to it was 70/30 custody and npw its basically like 5 percent. Like wtf can i even do.
It should say in the court order who gets to claim child
If he owes child support His taxes will just get taxen by child support regardless . So you’ll get something Ethier way
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Let him file. Foc will take his return and give it to u. Win win
Usually for the other parent to file they have to provide for or pay child support for at least 6 months out of the year. That’s how it was for my girls dad
I’m going through the same shit. Only my paper clearly states If he’s not 100% paid up on dec 31st before he’s supposed to claim her he doesn’t get to. Claim your child and let the irs sort it out. Also call his ass in to child support enforcement.
In my papers it says if he is behind on any child support or debt owed to me then he cannot complain the kids. So maybe have it re-addresses. Two wrongs don’t make a right so don’t just file cause you think it okay. It will come back and hurt yah
Youll get the tax check in pa if he owes back support
You should get ur backpay out of his return
Lawyer told me its whoever files first
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I’m in the same situation
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