Claiming children for taxes when paying child support arrears

Question:divorce lawyer Carrie Westbrook

My child support order states that I am claim the children this year for taxes. The divorce judgment says my child support must be current to do so.

I have been paying both the current child support amount and the amount assesed for previous arrears. Does this constitute as being current?

Answer:

I would need to review the entire order to be able to fully understand and interpret all of its provisions, but if you owe any arrearage, your child support would generally not be considered “current.”

However, if at the time the order you ask about above was entered, you already had the arrears assessed against you in a previous proceeding and you have never fallen behind since that time and/or if the judge found that you were current on all payments owed, you might have an argument that you are current.

You may want to consult a CPA for the ramifications of claiming the children this year when it may be contrary to the order.

I have only provided you with general legal information. For a more in-depth answer you should contact a family law attorney licensed in your jurisdiction.

Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with Carrie H. Westbrook, an Associate Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.

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2 comments on “Claiming children for taxes when paying child support arrears

    Changing the terms of the divorce
    Can you change the terms of the divorce after the decree has been filed. For example if there is verbage in the decree giving the mother final say in all decisions in reference to the children, even though there is equal custody between the mother and father. I do not have the money for an attorney to fight this, but can I reopen at a later date to have this language removed once i have the money for an attorney?

    help
    i am having a review of my support on thursday in kansas where i live asked for by wyoming where the mother lives but the origional order is in oregon where we used to live and oregon closed the case paid in full since that closure she got a 12,000.00 settlement for back wages i didnt know i owed as i was told the case was closed. but wyoming says thier going on the orgional order from oregon and now modifying it is it legal to do that from another state

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