If I’m in the arrears but am currently paying child support and my divorce decree states that it is my year to claim my children, am I still able to?

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If I’m in the arrears but am currently paying child support and my divorce decree states that it is my year to claim my children, am I still able to?

Asked on January 22, 2013 under Family Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The divorce decree controls... so if it says that it is your turn to claim the children on your taxes, then you may do so.  Obligations, like visitation and support, are not dependent on each other unless the final order makes them conditional.  From your question, it does not appear there are any restrictions on your right to claim your children.


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