I'm the petitioner ... ex-husband is the respondent. He is currently $6,000+ in arrears on child support and an additional $800+ outstanding on medical expenses (his attorney is filing paperwork showing that he will pay the outstanding medical out of his tax return to avoid being in contempt of court).
I have two children that I receive support for.
My divorce decree states, "Each of the parties shall have the right to claim one of the minor children as a dependent for income tax purposes. Respondent can claim "older child" each year AS LONG AS HE IS CURRENT ON HIS SHARE OF MEDICAL EXPENSES AND IS CURRENT ON HIS CHILD SUPPORT obligation on December 31st of such tax year."
I just want to confirm - even though his attorney is filing something to cover the medical expenses, he is still in arrears on child support ... therefore, I get to claim both children, correct?
Is there any way this can work against me? This is the first time he's been in arrears - we have other legal stuff going on (him trying to get his support amount lowered). I just want to make sure that if I claim them both on my taxes, and he goes ahead and claims the one child (like he always has before), HE will be the one doing so illegally, correct?
I have two children that I receive support for.
My divorce decree states, "Each of the parties shall have the right to claim one of the minor children as a dependent for income tax purposes. Respondent can claim "older child" each year AS LONG AS HE IS CURRENT ON HIS SHARE OF MEDICAL EXPENSES AND IS CURRENT ON HIS CHILD SUPPORT obligation on December 31st of such tax year."
I just want to confirm - even though his attorney is filing something to cover the medical expenses, he is still in arrears on child support ... therefore, I get to claim both children, correct?
Is there any way this can work against me? This is the first time he's been in arrears - we have other legal stuff going on (him trying to get his support amount lowered). I just want to make sure that if I claim them both on my taxes, and he goes ahead and claims the one child (like he always has before), HE will be the one doing so illegally, correct?
