Q: Ex left the state in 2012, leaving me with full custody. He claimed one child as a dependent in 2016. Is this allowed?
Our original court order said the he would have them 2 overnights each week, pay $512 in support each month, split all other child expenses, and we would each claim one child as a dependent. He left CO in June 2012 and only returned in late 2016. He is behind $4500 in support. He claims I committed fraud by claiming both children on my taxes, even though I was sole custodial parent. He is told me he is going to stop paying support now, and won't pay back support, because he didn't get the 4k tax credit for 2016.
I can't afford the 5K retainer I was told it would cost to get legal help, but I also don't think I would qualify for low income assistance for pro bono legal aid.
In a perfect situation, I would like to retroactively change the original court order starting when he left the state, showing me as having full custody, as well as have the support handled through the court system, so he can no longer threaten me with not paying. Thank you in advance for your reply.
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A: If the orders say you each get to claim a child you each get to claim a child. However, if he has not paid every penny of child support due and owing for a specific tax year, he loses the right to claim the child for that tax year. You will not be able to seek a change in child support retroactive to when he left. You should be able to seek a change back to the date of the filing of a motion to modify.
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