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Sara Boo · Apr 13, 2008, 10:58 AM

I have a friend receiving child support and was told: If the father misses any child support payments he will not be able to claim them on his taxes.

Is this true?

Boo

JudyKayTee · Apr 13, 2008, 11:11 AM

[QUOTE=Sara Boo]I have a friend receiving child support and was told: If the father misses any child support payments he will not be able to claim them on his taxes.

Is this true?

Under the support order who gets to claim the children?

cdad · Apr 13, 2008, 01:45 PM

If he does have the right to claim them on his taxes he can only claim what he actually outlayed and nothing more. In most cases there are 3 types of support 1) child support - a non deductable item on taxes 2) spousal support - may be deducted from personal income taxes 3) Family support - may be deductable from personal income taxes

Sara Boo · Apr 13, 2008, 01:45 PM

Under the support order HE gets to claim the children.

But, is this still possible if he is 3 months behind in child support ?

Sara

stinawords · Apr 13, 2008, 02:39 PM

If his divorce papers say that he can claim them then yes he can claim them. However, as calif said it is not the child support payments that are being claimed because those are non-deductable (trust me on that I'm an accountant). He would be claiming them as exemptions on his taxes and possibly the child tax credit and he should know that if he is behind he can count on not seeing a refund in the amount that he is behind because it will be intercepted in order to pay the back support.

Fr_Chuck · Apr 13, 2008, 03:03 PM

First child support payments are not tax deductable.

And just paying child support does not allow you the right to claim the child on your taxes. In fact, most fathers who pay child support never get to claim their child.

So what allows the father to claim the child will be that the custody agreement stated he gets to claim the child. ** unless he has the mother fooled an it is just a lie**
So what you have to do is get the child custody agreement out and see what it says about who gets to claim the child, for some it is every other year, but if father gets to claim every year, this must have been some deal worked out during the custody hearings since this is not usual.