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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37969
Experience:  Retired (mostly)
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Can a non-custodial parent still claim the child on his taxes if he is in arrears for chil

Resolved Question:

Can a non-custodial parent still claim the child on his taxes if he is in arrears for child support?
Submitted: 4 years ago.
Category: Family Law
Expert:  socrateaser replied 4 years ago.
As long as the court orders do not require that the noncustodial parent be current on child support in order to claim the tax exemption, then the parent can do so.

Hope this helps.


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Customer: replied 4 years ago.

she states that it is Wisconsin law that if I am behind in child support I can't claim my daughter... is there such a law? Our court papers just say that I am allowed to claim even years and she can claim odd years... Child support is not even mentioned in the tax exemption portion of my divorce papers

Expert:  socrateaser replied 4 years ago.
The custodial parent could ask the court to modify the support order to deprive you of the right to take the exemption. However, if the custodial parent has already executed an IRS Form 8332 for the 2011 tax year, then it's too late, because the IRS will not accept a revocation until the tax year after the year in which the revocation is signed.

The court could modify your support obligation to pay the difference in taxes to the custodial parent as a means of offsetting your tax benefit. Regardless, the only way to accomplish this is for the custodial parent to file a motion to modify support with the court. Otherwise, if the current orders state that you are entitled to the tax exemption, then that's the "law of the case."

Sometimes people think a law exists, when it does not. You can always ask the other parent to "please cite the legal authority supporting the revocation of your right to the exemption." Most of the time, the response to this sort of request is the sound of crickets chirping. But, again, the parent can ask the court to modify the support obligation, so things could still get ugly, and end up not in your favor.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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