I was just wondering if I could claim my daughter on my taxes even though I owe back child support and I do make steady payments and have been for years. I just can't seem to get it all caught up and no it would help me get back on the right side of things if I could.
You would have to read your final judgment. Sometimes it just says that a person gets to claim the deduction (every year or every other year or whatever the agreement is) without any stipulations. Other times, it will say that the person gets to claim the deduction only if current on child support. If there is no mention of the tax deduction, then it goes to the person who the child is living with the majority of the time.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
The final judgment and/or parenting plan should have addressed who is allowed to claim the minor children for tax purposes. As far as a refund goes, if you are in arrears, any tax refund you might get could be intercepted by the state and given to your former wife to reduce the arrears you owe.
The reply on this website is intended, and should only be used as, general information. The reply is not specific legal advice to be relied upon and does not create an attorney-client relationship. If you have already retained an attorney on this matter, please consult with your attorney.
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