Aurora, CO asked in Family Law and Child Support for Colorado

Q: I have court orders that I am allowed to file taxes using my daughter as a dependent on even years.

I am in arrears for child support. The mother filed her taxes using our child. She told me I couldn't file because of the past due support. Is that true? What can I do?

Related Topics:
1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: The issue of claiming a dependent is defined by federal tax law and not state family law directly. This causes a lot of confusion. One area that is clear is that your deadbeat dad status is NOT a factor in claiming a dependent. However, the court order granting you the right to claim a dependent is not necessarily the correct interpretation of federal tax law either. Here is a link to the 4-step test: http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html . In other words, follow the IRS's 4-part test to determine which parent can claim the child(ren). You can try to strictly follow the custody agreement, but be aware that this may result in an audit and potentially enforcement actions in the family court system.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.