Indianapolis, IN asked in Tax Law and Child Support for Indiana

Q: Ex is up to file our daughter. Do I have to allow it even if it's in our divorce decree?

I'm the custodial parent. He was ordered to pay child support but doesn't and the court doesn't enforce it. He also doesn't get child on weekends or holidays even though there is joint custody. Do I have to allow him to file? Will the IRS enforce?

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1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: I'm not entirely sure what you are asking. Allow him to file his taxes? The most common issue that divorced parents encounter with children and taxes is which parent gets to claim the child and earn the credit on their tax return. I believe that is what you are asking. Take a look at your custody agreement or divorce decree. It should be addressed in there who gets to claim the child on their taxes. If it is not addressed, generally the first person to claim the child gets the credit.

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