Tucson, AZ asked in Child Custody, Child Support and Tax Law for Arizona

Q: If the mother of 4 had custody of the children all year and the Ex-spouse claimed them all on his taxes and he missed

child support payments what could happen to this personnel, is there anything the mother can do in her part please help.

1 Lawyer Answer
D. Mathew Blackburn
D. Mathew Blackburn
Answered
  • Tax Law Lawyer
  • Englewood, CO

A: If you signed an 8332 you would file a contempt action in domestic court. You'd need to discuss that with a local attorney that knows AZ domestic law. I do not.

If not file by mail and claim them. You'll both get a letter from the IRS requesting documentation for the deduction. Send in the parenting plan showing you are the custodial parent under IRS ruled, not your state rules, and the IRS will allow you to claim them. Ex-spouse will be denied the deductions.

May not be a bad idea to let Ex-spouse know that that's an option for you and give them a chance to catch up on their payments.

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