The papers say that my ex gets to claim my son every other year on taxes and this was his year and he's already filed but he's never paid child support. Is it legal to claim him as a dependent when he's not even supporting him? My son lives with me and goes to school here.
2007-02-17 02:13:25 · 8 answers · asked by Julie C 3 in Business & Finance ➔ Taxes ➔ United States
Unless your divorce decree specifically states that non-payment of child support equals non-claiming on the taxes then your ex is legally entitled to claim your son whether or not he lives up to his obligations.
Why is he not paying support? Even though you lose around 50% of the money owed you, if you really want to see the money first go talk to the court, then go talk to a child support collector about getting you your money.
As for the tax situation, you can pay an attorney to petition the court and have the stipulation from your divorce changed.
Good luck
2007-02-17 02:24:16 · answer #1 · answered by Gem 7 · 0⤊ 0⤋
Unfortunately is the court papers say he can claim your son then yes it is legal. My ex and I have 2 kids together and though he does pay support (when he wants to) each of us claims 1 child every yr. as that is how it was ordered for us, even though both kids live here with me and go to school from my house and I provide more then 1/2 of their yearly care. If he owes you support hopefull his taxreturn will get taken for back child support and it would then come to you but to make sure, call your local child support office and see if there is a tax hold on his taxes for the arrear support. Good luck and I hope this helped.
2007-02-17 02:26:36 · answer #2 · answered by d_g10312003 2 · 0⤊ 0⤋
If the decree or other papers say that he can claim your son, then he can unless you go to court and get that changed. But if he has overdue child support, you should be able to have his refund seized if he has one to pay some of the back support. Contact your local agency that collects the support. And if he has a job, you might be able to get things set up so the support would be deducted from his paycheck before he gets it.
There's nothing in tax law saying the person who claims their own childl has to be supporting them, only that the child is not providing more than half of his OWN support.
Good luck.
2007-02-17 02:39:52 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
I think that he can claim the child but if he owes back child support the refund should be rerouted to you if he owes more than $750. You may want to check into it. Also, if it says in a court order that he can claim the child every other year then that is how it has to be until you petition the court to have it changed. Every state is different so check with your states child support disbursement office.
2007-02-17 02:25:37 · answer #4 · answered by nosey girl 3 · 0⤊ 0⤋
what you can do is file a claim with the attorney genral in your state for child support and the goverment will take his refund and issue it o you for non payment of child support. and like every one else said if it does not state in you paper that non-payment = non claiming of the child that her has ever right to claimm the child but that does not mean that you can not get what is owed to you
2007-02-17 02:34:41 · answer #5 · answered by yosi22 3 · 0⤊ 0⤋
I don't think he should be allowed to, but I'm not a lawyer. I would haul his butt back to court. I'm attaching a link for illinois' website for getting child support. I think you might find it helpful. If he's employed, he should be paying child support. They can garnish his checks to get it. If he's not working, hand over the income tax refund ex-hubby.
Hope this helps.
2007-02-17 02:26:47 · answer #6 · answered by Molly Doll 2 · 0⤊ 0⤋
I guess that you would have to get the divorce papers changed.
2007-02-17 02:22:50 · answer #7 · answered by Floyd B 5 · 0⤊ 0⤋
I would talk to your lawyer before it is his turn again.
2007-02-17 02:20:31 · answer #8 · answered by mn1463 3 · 1⤊ 0⤋