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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Per our divorce decree it is stated that each parent can

Customer Question

Per our divorce decree it is stated that each parent can claim the children at tax time every other year. However, I am the Custodial parent. Our 2 boys, 9 & 11, live with me full time 100% of the year. Their father pays no expenses for the children other than his child support which he is not current on. I have opened a case with the NM Child Support Enforcement Division and they have begun payroll deducting his support every 2 weeks, but he is still in arrears over $1200.00. I've read that the custodial parent has the right to allow or dis-allow the non-custodial parent to claim the children when filing taxes. I have already informed my ex-husband that I will this year claim our boys just as I did last year and that I have already filed my taxes. Do I need to ammend our divorce decree reflecting that I will continue to claim them on taxes?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

" I've read that the custodial parent has the right to allow or dis-allow the non-custodial parent to claim the children when filing taxes."

Not true. Unless the decree specifically states so, the parents each have alternating years.

The visiting parent's tax break for his alternating years is partially based on the child support he should be paying. If he is not paying it, then the custodial parent can ask the Court to modify the decree so she gets to claim the children in his year, but this is not automatic. She would have to file for this in court, and have it heard.

Ergo, this is possible, but not without a court hearing (unless he agrees in writing to forgo his claim this year, which I am guessing he is not likely to do).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!