Do I get to claim my son on Income Tax

[nikkimayer]

I recently went to court with the non-custodial parent. He was and still is over $3,000.00 behind on his child support, but has been making payments on time since the day of court. The judge said that he can claim our son for 2010 and every year thereafter as long as he is current in ongoing child support. Does that mean I get to claim him until he is current, or does that mean as long as he keeps making payment from the court date on he gets to claim him? I really need help please! Thank you in advance!

 

[army judge]

I recently went to court with the non-custodial parent. He was and still is over $3,000.00 behind on his child support, but has been making payments on time since the day of court. The judge said that he can claim our son for 2010 and every year thereafter as long as he is current in ongoing child support. Does that mean I get to claim him until he is current, or does that mean as long as he keeps making payment from the court date on he gets to claim him? I really need help please! Thank you in advance!

My interpretation of the judge's statement, as you've presented it allows the father to claim the boy for 2010 taxes, if he's current at year's end.

You can't claim the child, yet.

But, why not ask your attorney to seek clarification?

Or, write a letter to the judge seeking clarification.

Make sure you copy the father (and or his attorney) on the letter.

That way, no "ex parte" communication is perceived.

You should also ask the judge to provide an answer, clarification to all parties, in writing in the form of a court order!

 

[nikkimayer]

My interpretation of the judge's statement, as you've presented it allows the father to claim the boy for 2010 taxes, if he's current at year's end.

You can't claim the child, yet.

But, why not ask your attorney to seek clarification?

Or, write a letter to the judge seeking clarification.

Make sure you copy the father (and or his attorney) on the letter.

That way, no "ex parte" communication is perceived.

You should also ask the judge to provide an answer, clarification to all parties, in writing in the form of a court order!

Thank you for your help! So just to make sure I have this correct...at the end of this year, I cannot claim him? What if the father is still behind the $3000? He makes monthly payments now, but nothing extra to catch himself up.

 

[army judge]

Thank you for your help! So just to make sure I have this correct...at the end of this year, I cannot claim him? What if the father is still behind the $3000? He makes monthly payments now, but nothing extra to catch himself up.

That isn't what I said.
I gave you MY interpretation.
Please, reread everything I posted.
My opinion is meaningless.
The judge's opinion is the only one that counts for YOU!
You need to get a clarification from the court.

You should NOT act until the court has clarified this to the satisfaction of all parties.

 

[jlo25th]

I dont know the laws of New mexico, but i know that in virginia, whoever has physical custody and gives more than half of the support is the one that needs to file the child on the taxes, non custodial parents to my knowledge dont give more than half of their support, it is the custodial parent who gives more than half. It is his responsibilty as a father to take care of the child until he is 18, and if he is in the arrears, why should he get to benefit from tax returns. Just know this from personal experience. but what you can do instead of trying to write a judge a letter because they usually dont have time in their downtime, is ask the court clerk, the deputy clerk to be exact, or you can ask your lawyer. But i still stand at the person who has physical and provides more than half of support. Do u pay more for your child then the father?

 

[irish223]

I dont know the laws of New mexico, but i know that in virginia, whoever has physical custody and gives more than half of the support is the one that needs to file the child on the taxes, non custodial parents to my knowledge dont give more than half of their support, it is the custodial parent who gives more than half. It is his responsibilty as a father to take care of the child until he is 18, and if he is in the arrears, why should he get to benefit from tax returns. Just know this from personal experience. but what you can do instead of trying to write a judge a letter because they usually dont have time in their downtime, is ask the court clerk, the deputy clerk to be exact, or you can ask your lawyer. But i still stand at the person who has physical and provides more than half of support. Do u pay more for your child then the father?

This is only true if the divorce agreement doesn't address the issue. In the OP's case, her divorce agreement awarded the tax deduction to the NON-custodial parent.