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My ex is behind on child support, if he lets me claim our daughter on my taxes will that make up for the back support?

Valparaiso, IN |

My ex has been paying child support by personal check. Since he gives a check monthly he is only paying for 48 weeks not 52 weeks. He thinks that by allowing me to claim our daughter on my taxes will make up for the 2 months he is behind from last year and this year. In our settlement agreement he can claim her on even years. The agreement also states that I am the custodial parent. Between last year and this year my ex has seen our daughter maybe 30 times, which does not average 50% for each year. Can I tell him that I will not night sign the waiver to allow him to claim her this year because he hasn't had her 50% of the year and claim her on my taxes and inform him that he still owes the 2 months back support?

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Attorney answers 2


No, arrears are not cleared by such a negotiation. Only the court can do something like that. Remember, child support BELONGS TO THE CHILD and cannot be negotiated away by the parents.


This is a rephrase of a question that you also posted. You need to bring your issues in fornt of the Magistrate or Judge who entered the original order. If there is a court order requiring you to signe the waiver for even years, it is best not to violate the order. If he was supposed to have the kids half the time and is not, you need a modification entered. Good luck.

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