If my husband and I haven’t been together for 3 years andhe’s behind on child support, can he claim our boys and me on his taxes?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my husband and I haven’t been together for 3 years andhe’s behind on child support, can he claim our boys and me on his taxes?

My husband and I have been separated for 3 years, I have both of our children he pays child support and is behind, the court has passed a judgement that his taxes be taken to cover the arrears. He has claimed me and my children the last 2 years without my permission and says he can because we are married that no permission is needed, that the signature is electronic so I don’t need to give it. I want to claim myself and my children this year but I’m not sure if he’s doing things legally or not.

Asked on December 1, 2010 under Family Law, Kentucky

Answers:

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

Answered 10 years ago | Contributor

I am assuming that if you have already been back to court on the issue of the arrears and that the court has issued orders there must be some formal agreement in place already, correct?  Does your separation agreement speak to the issue of the taxes?  It might just do so and if it does and you wish to modify it then you need to ask the court to allow that if he will not agree.  The agreement is a contract by which you have to abide.  Now, putting aside the agreement for a minute you should consult with an accountant as to your tax issues.  The IRS has their own criteria that you need to be made aware of.  You can indeed file married but living apart.  You just won't get the tax breaks afforded married couples.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption