My ex and I finally took custody/child support to court after our daughter was 5 years of age. My husband and I moved to Colorado and my ex lived in California. After all was said and done, it was decided that my ex owed $28,000 and some change in BACK child support. Our mediation agreement did state that we would exchange alternate years to claim her on our taxes, but our mediation agreement also stated that my ex would have his arrears paid in full by December 31st 2008. Yeah, that never happened. As a matter of fact, my ex quit his job May of last year and moved to Indiana and still has not gotten a job. My husband claimed my daughter on our taxes (we were under the impression that someone in arrears does not have the right to claim their child) and we just found out he did too. Now, our taxes are being put on hold and we have to mail in our tax form and our money is being held. My ex told me he has the right to claim her and he also states that since he gets more back for her because he does not have a job, claiming her would get him out of his arrears faster. Does he have the right to claim her while being $28,000+ in arrears even if it is in our mediation agreement? Please help, we are so very frustrated.

Unless claiming the child was contingent on the back support being paid (wording along the lines of "IF back support is paid he can claim the child), no, he can claim the child. I don't think claiming her hinges on back support being paid - using the words and info you have posted.

Go back to Court if you are not happy with the arrangement and get it changed.