Littleton, CO asked in Child Support and Tax Law for Colorado

Q: Is there a deadline on when child support is considered current for a tax year?

Per parenting plan, we alternate claiming our child. It is his dad's turn but he owes support from last year. Is there a date by which he has to be current? 12/31/17? Does the amount of arrears make a difference? He owes $150? Can I claim my son since he is behind?

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2 Lawyer Answers
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: There is no specific deadline in statute. If your orders contain no deadline, the general presumption would be that if you file first you file first and have done nothing wrong. There is also no amount. He could be behind $1 or $1,000,000 and would still lose the right to claim the exemption if he has not paid.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: The statue does not contain a deadline. I think it is reasonable to use the last day of the year-12-31-2017. Also, there is no specified amount. If he was not current for 2017 on 12-31-2017, he cannot claim the exemption.

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