Child support arrears and tax returns. How do they relate and can I claim every year until paid back the $15,500 owed?

Question

He, of course, denies owing anything but I have been truthful in what's been paid down to when he's given me $5. He opened the CSE case Dec 2011 and then paid me cash sporadically until mid to late 2014 when he tried to take full custody. Since that time he has paid in full, late but paid, every month. He has our child 4 days every other week (8/month) and we switch weeks one on, one off, through the summer. We have court May 5th for child support modification. His lawyer says they will not address arrears but I want them to. He owes this to our child and I feel until he's paid it back the tax credit should be mine to file. He barely sees our child and helps pay no extra expenses whatsoever. I take our child to every appointment and extra curricular activity. He does not even provide medical insurance. I guess to summarize how do I get the case for arrears before the judge? Am I able to continue being the one to claim the child? Any other thoughts greatly appreciated! Thank you

Tristan Kenyon Schultz · Answer

You can make non-payment part of the case by motion or request in court. If you are very close to the final judgment a judge may not consider the back support in the modification hearing. You can also file your own case seeking back child support. Claiming a dependent is partially based on the custody agreement, but most based on a 4-part test (here is the link: http://www.intotolegal.com/upcoming%20Events/Qualifying%20Child.html ). Contacting a family law attorney is highly encouraged.

Q: Child support arrears and tax returns. How do they relate and can I claim every year until paid back the $15,500 owed?