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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2922
Experience:  associate attorney
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I am in the state of Florida...My ex husband has filed a

Customer Question

I am in the state of Florida...My ex husband has filed a motion of contempt of our divorce decree . In our divorce decree it states he can claim one child on the taxes and I claim the other child. He owes 61,000 in back child support and both children live with me full time . The ages of the children are 17 and 19. I called the IRS and they told me they are not bound by the divorce decree and that I had the right to claim both children because they are with me full time and H&R block told me he cannot claim them due to him owe king 61,000 in back child support. In his motion he has ordered me to pay 21,000 for tax credits and arrest if I do not show... My question is who do I need to contact and what is my next move...
Submitted: 1 year ago.
Category: Family Law
Expert:  Christopher B, Esq. replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

Special rules apply for divorced or separated taxpayers claiming the credit. Generally, only the custodial parent can claim the credit. Also, even if the custodial parent releases or gives the noncustodial parent the right to claim thedependency exemption for the child, the noncustodial parent still can't claim the credit.

Also, you may be able to claim the credit even if your child isn't your dependent so long as all other requirements are met and:

1) You're the custodial parent

2) You had custody of the child for more than half the year

3) You or your ex-spouse provided over half the child's support

Since your ex did not provide over 50% support (he didn't seem to provide anything), it is a good argument that he shouldn't receive the credit. You need to contact you divorce attorney and respond to your ex's motion and your next move should be to ask for back child support as well as support your decision to take the credit and try to get a ruling for you to continue to do so until your ex catches up on support. Contact your attorney ASAP.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Expert:  Christopher B, Esq. replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please please positively rate my answer (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated.

Expert:  Christopher B, Esq. replied 1 year ago.

Any chance for a positive rating?

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