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    sburs's Avatar
    sburs Posts: 3, Reputation: 1
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    #1

    Jan 14, 2009, 09:49 PM
    Who has the right to claim a child on taxes if father is in arrears?
    Per our court order either parents gets to claim our child every other year. It also states that the father maybe no more than 30 days in arrears on his child support or he gives up the right to claim the child for his year. What is confusing to me is this at the end of his year to claim(December 31) he was more than the 30 days in arrears he has since made a large payment to child support in January to try and avoid forfeiting his year ( he was in the arrears for over six months of his year) does the mom have the right to claim the child seeing how the father was behind at the end of his tax year? This is very unclear and wouldn’t want to do something unlawful.
    nike 1's Avatar
    nike 1 Posts: 167, Reputation: 16
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    #2

    Jan 14, 2009, 09:59 PM
    As the order states every other year, and if mom claimed children last year, than mom cannot claim this year regardless of dads arrears.
    sburs's Avatar
    sburs Posts: 3, Reputation: 1
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    #3

    Jan 14, 2009, 10:06 PM
    Quote Originally Posted by nike 1 View Post
    As the order states every other year, and if mom claimed children last year, than mom cannot claim this year regardless of dads arrears.
    The court order states that the father gives up his year if he is more than 30 days in arrears... So I don't understand how your answer could be correct...
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
     
    #4

    Jan 15, 2009, 10:28 AM
    Sburs:

    You are actually asking a LEGAL question, not a TAX question, so I suggest that you post this question in the LAW forum.

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