QUESTION

Can a noncustodial parent claim defendents for taxes?

Asked on Jun 14th, 2016 on Family Law - Idaho
More details to this question:
In divorce, noncustodial parent could claim children every other year. Th IRS states this can not be done without custodial parents consent, if divorced after 1984. Child support not being paid in full amount by noncustodial, divorced in 2013. Can noncustodial claim this?
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1 ANSWER

Family Law Attorney serving Murray, UT
Partner at Robin Kirkham Law
If the noncustodial parent hasn't fulfilled his or her obligations to the children (child support, medical, child care, etc) by the end of a given calendar year, then the custodial parent is entitled to claim the children for that year. If, however, the noncustodial parent has paid everything owing for a given calendar year and the custodial parent still refuses to allow the noncustodial parent to claim the children as anticipated in the divorce decree, the noncustodial parent can take the custodial parent to court for an Order to Show Cause hearing. At that hearing, the Court could impose sanctions, require the custodial parent to reimbuse the noncustodial parent for the value of the deduction, or make other reparations as seem appropriate. An experienced Family Law attorney should be able to help you determine the best course of action in your unique circumstances.  
Answered on Jun 20th, 2016 at 11:40 AM

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