If there was not statement in our divorce as to who could claim our childrenon our taxes, what do we do?

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If there was not statement in our divorce as to who could claim our childrenon our taxes, what do we do?

In my divorce papers it wasn’t stated who could claim our 3 kids on our taxes. My ex-husband is threatening to claim all 3 of our children on his taxes however they live primarily with me he only gets them 7 days a month when he gets them. Also, he was supposed to pay $500 a month for 9 months for alimony and I haven’t seen any of it to date; our divorce was last March. I’ve already started my taxesand claimed all 3 kids due to him not paying any of the alimony and me avoiding having to take him back to court. What will happen if he also claims all 3 children?

Asked on January 6, 2011 under Family Law, Florida

Answers:

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

Answered 10 years ago | Contributor

You do not need to take any chances here.  First of all the IRS has very particular rules on these type of matters and you should consult with an accountant on the issue.  Second, you need to go back to court to modify the agreement to make changes to this portion of the agreement and to ask the court to order him to pay the back child support.  You need to obtain a judgement against him because if something happens to him you can collect a judgement from his estate.  And you can garnish his salary in the meantime.  Inquire as to which agency collects child support in Florida.  Register the order with them and have them garnish his salary to insure you are paid monthly.  Good luck.


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