Federal Way, WA asked in Family Law and Tax Law for Washington

Q: Can non custiodial claim child on taxes if he didn't pay childcare or medical expenses court ordered too throughout year

In previous order if child support was in arrears he couldn't claim. That was forgotten in new orders. It does state he claims oldest. I have paid all childcare and medical expenses while he refused to follow orders. Support enforcement is garnishing but I have to wait until next year to file back support on 2021 childcare and medical. He is also responsible for 60% kids extracurricular. I have no way to reach or contact. Do not know wherabouts. I paid over $18000 in cost for children he contributed non of his portion which is 68%. I had to take loans and Max credit cards. Son is special needs and appointment 2hrs away. Really I should be able to claim son. I paid for everything and much of child care and medical expenses are refunded in tax return to me. But since order does not state if in arrears can't claim. I am struggling financially and it seems wrong that I am unable to write off expenses I paid for and he refused to pay though he was ordered too

Related Topics:
1 Lawyer Answer
Zachary C Ashby
Zachary C Ashby
  • Richland, WA
  • Licensed in Washington

A: This all depends on what your child support order states. If the child support order places conditions on claiming the tax benefit, he must meet those conditions.

If there are no conditions, he can claim because the order says he can.

Now, if he owes money, all you need to do is make sure it is a judgment against him. If you are using the Division of Child Support to collect and enforce arrears, they will simply take his tax refund and continue to garnish his wages so that your child is financially supported. DCS will enforce child support orders for a low fee.

You can also hire an attorney to get a judgment for you and there will be other options to collect the money you are owed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.