Phoenix, AZ asked in Family Law, Tax Law and Child Support for Arizona

Q: Taxes/ child support/divorce decree:If NCP has a current arrears balance can I claim child? In our decree it states

That NCP can claim if current on child support and arrear payments. I have calculated it and i am still calculating a short in child support payments. The arrears balance was at $1400 in May 2022. Due to his job loss and no payment for 5 months the balance went to $2300 by August 2022 then payments started and arrears is now down to $1.054.50 does this mean I can claim the child? Does that mean he is current in all child support & arrears payments so he can claim the child?

I just don’t want him suing me and being held in contempt if he truly is entitled to claim child.

1 Lawyer Answer
Stephen M Vincent
Stephen M Vincent
  • Scottsdale, AZ
  • Licensed in Arizona

A: The question really hinges on whether he is current for the 2022 tax year. He can be behind overall, but if he paid all that was he supposed to in 2022, he can claim the child. If he didn't, you can claim the child. Remember: The parent not claiming the child needs to sign Form 8332 in order for the other parent to claim the child.

1 user found this answer helpful

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