[Willowtree73]

Location: VA

Situation: Custody was established in 2008, child support was filed for. NCP filed motion to claim child every other year and was granted as such since NCP was paying child support and CP wasn't working at the time. Custody was transferred to NCP in 2012, child support was changed and requested by new CP that NCP only pay min in VA because unemployed at the time, and ordered through DCSE by courts. NCP was hired less than a month later, but NCP didn't pay voluntarily, so DCSE started garnishment on NCP wages. NCP quit job two months later and then found new job three months after that. No wages to garnish during that time, so NCP fell behind on child support even though it wasn't a lot due to child support having not been amended due to new employment.

Legally new CP can claim child on taxes every year since CP has child majority of the year. Question is, because it was in the FIRST order that CP and NCP alternate years, and it wasn't specified in the CURRENT order, will CP be in contempt if CP files every year even though by IRS regulations, CP has the right to claim child?

Sorry if this is confusing.

[cdad]

No you need to follow the order as it is. What you modified was the amount of support. It has nothing to do with the tax deduction. Separate issue.

[Willowtree73]

Thank you. What do you think the chances would be for the CP being granted by the courts to claim the child every year if they filed for the change?

[cdad]

Im not sure about the chances. But the courts might if the NCP is not paying child support.