Q: So child support court orders stay the same after 9 years?
My ex has a court order from 2008 saying that if he is up to date on his child support he can claim my daughter every odd year, so that means he can claim her this year only if I sign a IRS Form 8332 which I'm not going to do my daughter has been with me since birth. She does not see my ex on weekends or anything. The IRS says for a noncustodial parent to claim a child they have to have a 8332 form completed by the custodial parent and have that child 50% of the time which he does not. Then he tells me if I file taxes using my daughter I will have to pay him back all the child support he has paid off. Is that correct.
A: The court orders only relate to the income tax dependency exemption, which is different from head of household. Under Colorado law, the court or orders can allocate the right to claim the exemption among the parents. Regardless of what IRS Code says, if he is current on his support he does get to claim the exemptions allocated to him under the court orders, even if he doesn't his parenting time and regardless of what his time is. You could find yourself in trouble is he is paying the support but you don't sign the 8332.
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