Q: Can I take my kids dad back to court so he won’t claim one of our kids on his taxes?
It is on court papear that upon agreeing that he can claim one of our kids on his taxes. Kids live with me. We went to court April 2023 and I have sole & legal physical custody. In May 2023 we had child support court where he has to pay child support. I agreed he can claim one only because I said if he is going to pay child support it kinda fair. But he hasn’t paid child support at all and I have been providing for my kids on my own with no help from him. He was supposed to start paying in June of 2023 and owes back pay since I filed in and he hasn’t. So was wondering if I could take him back to court so he can’t claim and I claim all of our kids.
A:
If there has been a substantial change in circumstances since your previous agreement, such as his failure to pay child support, you might have grounds to seek a modification of the existing arrangement, including the provision about claiming a child on taxes. Consult with a California family law attorney to evaluate the situation and determine whether filing for a modification is appropriate based on your specific circumstances.
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.
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