San Pedro, CA asked in Child Custody, Child Support, Divorce and Tax Law for Arizona

Q: My wife claimed my son on her taxes for 2017 even though it was my year to do so as per our divorce decree. My rights?

I am behind in child support and she is using that as justification for claiming him. I am open to an agreement where I can claim him for the next two years, but hold little hope she will agree to that. What steps do I need to take to insure this does not happen in the future. Thank you for your help.

1 Lawyer Answer
Linda Simmons Campbell
Linda Simmons Campbell
  • Tax Law Lawyer
  • Burlington, CT

A: Look at your divorce agreement. Some agreements will allow the parent who is receiving child support to claim the child if the other parent is behind on child support. If that is not the case then likely your only recourse will be to take her back to court to enforce your agreement.

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