Not following court order

[eabon76]

My son is 13 years old, when he was 1, his father took me to court for there to be a court order of visitation, child support payments, and all that stuff that needs to be settled and on paper in these situations. At the time, he made more money than me, and even though I had full custody of him, he was awarded the tax credit of my son for every year until the age of 18 as long as he was current on child support as of the last day of that year for the credit on the next years taxes. He has probably paid a total of $2000 in child support in the last 8 years, due to not working for what ever reason. For the years he was not working, I claimed him on my taxes. He owes quite a bit of back child support, am I in my legal right to claim him, if he owes back child support?

 

[seniorjudge]

What does the judgment in your lawsuit say about your questions?

 

[Duranie]

If your order says he is to claim the child only if he is current on CS, then it sounds like you can legally claim him. It is not uncommon for NCP who pay support to get to claim the kids. Often whoever provides more of the financial support is awarded the tax credit.

However if he does not pay, you can claim only if the order specifically says you can if he is delinquent on CS.

 

[eabon76]

The order says he is entitled to the deduction as long as he is current on his child support payments on the last day of that tax year. Is this something I should go to court and have changed? I support my son 100%, and have for the last 8 years, his father does almost nothing as far as financially.

 

[Joni_B]

I think you can claim the kid if the other parents doesn't.

My ex claims our daughter every year in spite of the fact that the CO says he only can every other year and if he is current. And he has never been current. But he always gets his taxes filed before me so then the IRS won't accept my claiming her. It is BS, but who can afford attorneys every time they turn around, esp with no child support. The legal system is broken. completely broken.