Can She Claim The Children For Taxes If I Owe Back Child Support?

Texas divorce lawyerQuestion:

My divorce question is about claiming children for taxes when owing child support arrears.

Per my divorce decree, I am to claim our youngest daughter every year for taxes. Last year, she claimed our daughter stating she had the right to do so because I was in arrears with my child support, and she said she is planning on doing the same this year.

I warned her that what she is doing is in violation of our decree and probably tax fraud. Can she really do this if I owe back child support?


I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas child support laws where I am licensed to practice.

You are correct that she does not have the right to violate the court order as she sees fit just because you are in arrears of child support. In fact, you could probably file a motion for enforcement for her violations.

Generally, you can file a motion so that you receive credit for the amount you lost on taxes because of her violation. The proper steps would have been for her to take your tax return and credit it against your child support arrears.

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You may be able to also report her to the IRS for fraud and seek reimbursement for the amount lost due to her fraudulent acts, but I am not a tax professional so you should consult with a tax attorney.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including San Antonio Divorce Lawyer Amanda L. Clepper, please contact Cordell & Cordell.

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