Asked in Family Law for Florida

Q: My child’s father has not filed taxes since 2017. It is technically his year to file. Can I claim our child?

We have a court order every other year we switch for claiming our child. I have always followed this. I get even years he gets odd years. But since he has not filed since 2017 I want to claim our child

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1 Lawyer Answer
Matthew J Ausley
Matthew J Ausley
  • Jacksonville, FL
  • Licensed in Florida

A: Generally, violating a court order is a bad idea. So, I wouldn't suggest you do that.

The wording of your judgment or agreement will be critical. Consider having an attorney look at it to see if there is a solution to the problem already in there somewhere. Sometimes, settlement agreements have language that will resolve issues like this.

If there is nothing in the agreement, you might just try filing a motion to see if the judge will allow you to claim a benefit that would otherwise be lost due to the inactions of the father. The worst that can happen is the judge denies the motion.

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