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Mom Confessions Mom Confessions

Child Support and taxes?

Anonymous
Posted by Anonymous
  • 23 Replies

XH is court ordered to pay child support but hasn't in almost 2 years. In the court order it says he gets to claim them every other year.

Since I haven't gotten support in 2 years, can I legally claim them on my taxes?

He's currently about $5-6K in arrears.

Posted by Anonymous on Jan. 13, 2014 at 10:43 AM
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Replies (1-10):
Anonymous
by Anonymous 2 on Jan. 13, 2014 at 10:44 AM

Yes he can still claim them, but you'd get all if not most of his refund until his arrears is up to date.

Shy_Dia
by Ruby Member on Jan. 13, 2014 at 10:46 AM
It might depend on what it says in the order. My ex can only claim ds if he's paid at least 80% in child support that year. If not, he can't claim.

Either way, the money should go to you since he's so far behind.
newfound09
by Platinum Member on Jan. 13, 2014 at 10:46 AM
In Indiana if they are behind they don't get to claim the child. This is why in the years my son's dad claims him I end up with a lump sum on Jan 2nd. Lol. This year he was 2k in the hole for the year.
TrueTrophyWife
by on Jan. 13, 2014 at 10:48 AM

 Call your attorney first.  He is in contempt.  You do not want to do anything to be in contempt of the order yourself.  Does he see the child?  If not, you may be able to get a TPR if has not paid in over two years and also has not seen the child. 

Anonymous
by Anonymous 1 - Original Poster on Jan. 13, 2014 at 10:49 AM

I live in OH, btw.

I got 3 payments at the very end of last year.

I'm not guaranteed to get his return because of his new wife, though, right?

TexanMomOf6
by Platinum Member on Jan. 13, 2014 at 10:49 AM
You have to go by the court order. I would call AG child support office to make sure they have attached his check. You will get his refund IF he gets any. If he is married you can only get half of refund. Something about injured spouse.

If you know where he works tell the AG office do they can contact employer to withhold CS.
Anonymous
by Anonymous 1 - Original Poster on Jan. 13, 2014 at 10:50 AM

He has visited with them. We have 2 girls together. I don't base visitation on my getting support.

Quoting TrueTrophyWife:

 Call your attorney first.  He is in contempt.  You do not want to do anything to be in contempt of the order yourself.  Does he see the child?  If not, you may be able to get a TPR if has not paid in over two years and also has not seen the child. 


Anonymous
by Anonymous 3 on Jan. 13, 2014 at 10:51 AM
Here's the thing now. After 2009 the IRS stopped accepting divorce decrees/ court orders. There is a form now that the CP has to fill out to allow the NCP to file. Without that form attached to his return, he can't legally file. But it still happens. So technically he can't file without that form and if he did you could alert the IRS. But then he COULD take you to court for contempt by not filing the form to allow him.
Anonymous
by Anonymous 1 - Original Poster on Jan. 13, 2014 at 10:52 AM

He hasn't worked until recently. Or when he did it was under the table. His new wife gets child support for her 5 kids from 5 guys so they've made enough for him not to need to work -_-

When he finally DID get a job, CSEA started taking it right out of his check.

Quoting TexanMomOf6: You have to go by the court order. I would call AG child support office to make sure they have attached his check. You will get his refund IF he gets any. If he is married you can only get half of refund. Something about injured spouse.

If you know where he works tell the AG office do they can contact employer to withhold CS.


Anonymous
by Anonymous 4 on Jan. 13, 2014 at 10:53 AM
In my state ( MN) If they are behind at all they cannot claim them. You need to talk to a tax preparer
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