I live in New York State. I have primary custody. My children live with me full time other than every other weekend. My divorce papers and child support papers do not state who can claim the children on taxes. He is in arrears by $5500. His child support in general is on time - because it's through the collection unit out of his check. He has not ever paid any of the additional medical and daycare he is required to pay he has not paid to date. He lives in a different state. I have claimed the children every year for the past three years due to the fact he is always in arrears. I was just awarded year 2019 arrears and found him in default (for the 4th time) but have not been paid yet. He claims because I was awarded it's considered "paid". I pay for everything extra with the children, sports, lessons, school extras. Am I legally obligated to let him claim the children so that it will wash out his arrears? He is claiming he is going to claim one and receive all credits, regardless of whether I let him or not.
If your divorce papers are silent on the issue then IRS rules govern. I suggest you consult a tax expert.
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