Phoenix, AZ asked in Tax Law for Arizona

Q: Income Tax

Temp court orders stipulated that my son's biological father was to pay child support each month. That went on for about a year. The final orders kept the child support payments as they were but also added more for back child support. My son's father is allowed to claim my son on his taxes for this year as long as all child support is paid and caught up. He has missed a regular payment, and the clearing house says he has never started paying the back child support even though there is an order. The final order was in December, 2022, to begin in January 2023. He has not made one payment on the back child support order. Can he still claim my son on his taxes for this year?

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1 Lawyer Answer
James L. Arrasmith
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  • Tax Law Lawyer
  • Sacramento, CA

A: If the final court order stipulated that your son's biological father can claim your son on his taxes for this year as long as all child support, including back child support, is paid and caught up, and he has not made any payments on the back child support order, it's likely that he may not be eligible to claim your son on his taxes for this year based on the court's conditions. However, you should consult with your attorney to ensure that all legal requirements and conditions are met, as tax matters can be complex and may require specific legal advice based on your individual case.

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