Memphis, TN asked in Family Law, Tax Law and Child Support for Tennessee

Q: Is my ex entitled to the child tax credit if he doesn't file taxes? He asks me to pay him and I have in the past.

He doesn't file taxes because he has non taxable income ( va benefit). I claim children every year, I have in the past given him the child credit part because he doesn't file. Is he entitled to it? The court papers just state alternate years

1 Lawyer Answer
Leonard Robert Grefseng
Leonard Robert Grefseng
  • Columbia, TN
  • Licensed in Tennessee

A: The parenting plan forms refer to the deduction for dependents ( not a tax credit). If the signed divorce papers say he gets to claim the deduction in alternate years, then that is what he gets: the dependency deduction (only).

If the papers do not mention a tax credit, then you will need to check with the IRS to determine who is eligible to claim the credit. It occurs to me that if he does not file an income tax return, he should NEVER need the tax credit.

How can you get a credit on something you don't pay? A tax credit reduces the amount of tax you might other wise owe, so if you don't pay income tax, there is nothing to reduce.

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