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gobeavers82 | Can my ex claim the children as deductions on his taxes if he is behind on his child support? |
My decree says that we each claim 2 of the 4 children. But it doesn't say if he can or can not if he is behind on child support. A friend's decree specifically says that her ex can not if behind. |
 |
 
wartz
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General rule--and it will work every time if child support isn't being paid--the parent who has possession of the body gets the tax write-off. File early because if two people claim the same child IRS has to sort the mess out.
The divorce decree is meaningless to IRS. It doesn't care and doesn't have to care what the court says, it only cares what the individuals do. |
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ninasgramma
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The IRS honors the terms of the divorce regarding who claims exemptions for the children, except under certain conditions. One of the conditions is that the exemptions cannot be linked to child support.
If you get the agreement changed to be linked to child support, it will be null in the eyes of the IRS.
Look at this this way, if he claims two children, he might get a refund and it will be seized for child support. |
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Mr. Taco
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If the decree says you both claim 2, then you both claim 2. The taxes are irrelevant to the issue at hand. You need to talk to the court about the child support. If he cannot pay, he may be subject to jail time.
Good luck! |
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shogun_316
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Don't mess with the decree, go to court to get a claim to his tax return money (if he has any) |
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Central Ohio Professional
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Yes, he can still claim them even if he is behind on child support.
The IRS Site reads:
Federal law determines who may claim a dependency exemption. Please refer to Publication 504, Divorced or Separated Individuals, for more information on the special rule for children of divorced or separated parents.
There are two ways that your ex can claim the kids. One is called "Written declaration." That's where you would sign Form 8332 to give him the ability to claim the children. The second way is for your ex to can attach certain pages from the decree or agreement instead of Form 8332. For your ex to be able to do this, the decree can't have any condition, such as payment of support.Because of this, most judges have stopped putting the condition in place.
On a positive note, if he is behind on support, officially you should be getting back any tax refund to pay child support arrears. I would contact the IRS directly to see if they can flag his account and/or your local child support department. My ex-husband's stimulus check and tax refund came directly to me once I called the IRS.
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Judy1
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He can. If your friend's decree specifies that her ex must be up to date on support, that wording doesn't meet IRS requirements, it must be non-conditional, and the IRS will not honor that provision of the decree. |
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bostonianinmo
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Yes, since the decree is silent on child support. Federal law sates that the decree may assign the exemptions as long as it sets NO pre-conditions such as being current on child support. Yes, I know, that sounds backwards but it's how the law is explicitly worded.
In your friend's case, the IRS would be bound by law to ignore the decree and award the exemption to the custodial parent regardless of what the decree states. It further defines the custodial parent as the one that the children spend the most time with throughout the year, even if the decree awards legal custody to the other parent. |
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Jss
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Child support is not a requirement for claiming a dependent. Yes, you ex can claim the children, even if he is behind in child support, if he meets other requirements. |
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In a Barbie WoRLd...
 |
Good question you should go back to court and have that changed and prove that he is late in child support payments. Also by going back to court maybe they could do something more about it and be more strict with him. I would think that if he is behind on child support and you report that it would go to the state and the state will report it to the federal so when he files his taxes they will have this on file against him and if he were to get a deduction then they wouldn't give him anything or just take away whatever he is behind and send it out to you. But for sure you have to do something with court or government claims otherwise they will let it slide and its not fair to you. Don't touch your heart when you do this...this money is to support your children regardless of anything else. Good luck and for forth with whatever you have to do. Like this one case worker told me before when i didn't want to file for child support Thur the state..he said..."You have to do what you have to do" and ever since that has been stuck in my head and i remember that every time i feel sorry for him regarding support/visitation ect. |
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Helen, EA in PA
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If the decree does not address it, then either get the lawyer to change it or risk him coming back on you if you claim the kids.
Helen, EA in PA |
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