Ask A Divorce Lawyer: Will her claiming the kids on her taxes count towards back child support?

Question:

I was supposed to claim our kids for taxes this year but am a little behind on child support. If she claims the kids for taxes does that go toward back child support?

 

Answer:
 
Each state has different laws governing child support.  I do not practice in your state; however, Cordell & Cordell has many attorneys licensed and located in Colorado.  
In addition to knowing if a state law governs your situation, you need to refer to your original order to find out whether or not you lose the right to claim the children on your tax returns if you are in the arrears.  Many parties include a provision in a Support Order which prohibits a party from claiming the children if he or she is in the arrears in child support.  In this scenario, the benefit the other parent receives does not get deducted from the child support arrears.  It is more of a punishment as opposed to a method for reducing arrears.  You should contact an attorney immediately to review your Order and to determine whether or not you have lost your right to claim the children if you are in the arrears.  Additionally, if you are in the arrears in support, your tax refunds may also be intercepted by your local child support enforcement agency to pay down the arrears.

 

 

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

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