If my ex-husband hasn’t paid child support in almost a year, can I claim our child on my taxes or can he sue me if I do?

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If my ex-husband hasn’t paid child support in almost a year, can I claim our child on my taxes or can he sue me if I do?

Contacted IRS and found that I am legally entitled to claim child since I did not file the Form 8332 releasing him to claim child. I know for a fact that he did claim child on this year’s taxes. Filed last year to have state’s AG take care of child support and address tax situation but I am still nowhere with them. Wish I didn’t have to even ask this question, but I have a child to take care of and need the money to do so and can not wait on “promises” of child support payments.

Asked on April 17, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The right to calim a child for support purposes is very complicated.  The IRS uses a unique - ie. cofusing- formula.  But what worries me is the legal aspect as the divorce agreement is a contract.  You also do not want to send up a red flag to the IRS by both of you claiming the child.  What you ned to do is to go to court and sue him for the back support, get a judgement and garnish his wages and bank accounts. You also need to contact the state about helping you wth payments forward.  I understand how hard it may be but you have been survivng until now.  Doing things the right way the first time will cause you less grief later on.  Good luck.


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