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Claiming child on taxes
In my divorce decree it says that my husband and I are to alternate years when claiming our child. He has to be current in child support and be current with our child's education tuition. I received a letter from Child Support saying as of jan 14 he was 2 weeks behind, also he did not pay his portion of tuition. So, I claimed my son this year instead of letting him. I spoke to support enforcements about this and also a lawyer. I also spoke to the IRS on 2 occasions, they all told me the same thing. I have every right to claim our son since he did not fulfill his obligations. I am really worried when he finds out he will retaliate and do something that will cause problems for me. Did I do the right thing?
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Legally it would appear you did the "right" thing. I don't think you did the "right" moral thing if he is "only" 2 weeks behind. You sound vindictive and the Courts may see it that way. Also, if he's 2 weeks behind in January 2009 that does NOT give you a right to claim the child in 2008, as I see it, because it's a different tax year. But I'm sure IRS and perhaps a Court hearing will sort this all out. |
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