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Can the non custodial parent claim the child if he owes

Customer Question
Can the non custodial...

Can the non custodial parent claim the child if he owes $2335.00 in arearage in child support and we have no agreement court wise and the child lives with me and he is not keeping up with his visitations threw court order

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

He's file a contempt motion against me for not proving my child's social but the finial agreement does state he has rights to claim we have joint custody but child lives with me and I prove more income to support the child even when he skips child support payments

Lawyer's Assistant: Family law varies by state. What state are you in?

Hartford ct

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes he has an old arrearage that was supposed to be paid since 3/30/17 and the final agreement states on 10/12/17 the he needs to pay 88 on child support and 10 in arrearage but since then he only paid 72 at the end of year 2017 but since then the arrearage has calacuted into more then the old arrearage since that court date

Submitted: 18 days ago.Category: Family Law
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Answered in 4 hours by:
4/3/2018
Family Lawyer: Attorney Wendy, Lawyer replied 18 days ago
Attorney Wendy
Category: Family Law
Satisfied Customers: 491
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. Generally the parent who has the child in his or her physical custody more of the year is entitled to claim the child on that parent's tax returns. But when a court order specifies which parent can claim the child, then it is that parent and not the other who is able to claim the child for tax purposes. In your situation, where the child is with you, the other parent is failing to pay support (or at least owes back payments), and he is not visiting with the child, the best option may be to go back to court to seek one of two things: (1) either to force him to comply with the existing order; or (2) to change the order due to the changed circumstances (that he is not visiting, not paying, etc.). You initially said there is no agreement but then you state that a final order gives him the right to claim the child. If there is a court order that addressed this issue, you may need to go back to the court for assistance. You may want to consult with a local attorney who can assist you with getting this issue resolved in the most efficient manner. Also, this agency is there for the purpose of assisting you in collecting and modifying child support - https://www.jud.ct.gov/childsupport/

I hope this information helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action if being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Family Lawyer: Attorney Wendy, Lawyer replied 15 days ago

Happy Friday. I just wanted to check back with you to see if you needed any further assistance.

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Attorney Wendy
Attorney Wendy, Lawyer
Category: Family Law
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