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

Q: I have a signed 8332 and divorce decree grants me to claim child on taxes. Can I still claim if I have arrears balance?

The 8332 is for all years and states the same in our divorce decree. I am in arrears from 2016 and 2017 that just got a judgement on it. I understand they will take my return, but can I still claim my child?

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2 Lawyer Answers

D. Mathew Blackburn

Answered
  • Tax Law Lawyer
  • Englewood, CO
  • Licensed in Colorado

A: If the arrearages are for child support, no you can't claim the child. If it's for taxes then yes, but they'll apply any refund against the arrearages.

Chad Silver

PREMIUM
Answered
  • Tax Law Lawyer
  • Pontiac, MI

A: The new Tax Code changes as a result of the Jobs Act removed your ability to claim a child as a dependent. You may still be eligible for child care tax credits. This is the first year for the new changes and you may be surprised (happy or mad) about the results.

Best,

Chad Silver Attorney at Law

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