More details to this question:
my court order states my ex is to be current on child support by dec. 31 to claim our child on even years. and states form 8223 not 8332. 1) he is behind 110.00 as of the 31st. does that mean I don't have to sign the form? 2) since the court order states form 8223 and not 8332, do I have to honor the court order since it is wrong?
1 ANSWER
So technically, your ex is not current on his support if he owed $110.00 as of 12/31. The law pivots on technicalities, but I know there are more than a few judges in South Florida who tend to ignore minor deviations (such as being $110 late- presuming he pays you shortly).
As to the order stating Form 8223 and not Form 8332, this does appear to be what we refer to as a scrivenor's error, and trying to ignore the intent of the order as a result of what was likely a "typo" will not likely prohibit it's enforcement.
If you do not sign the form based on the unpaid support, you should simple state, in writing, to your ex, that since he was in arrears in his support obligation as of 12/31/16, he is not entitled to claim the dependency exemption for 2016.
Best of luck,
Cindy Vova
Law Offices of Cindy S. Vova
Offices in Boca Raton and Broward County
954.316.3496
info@vovalaw.com
Answered on Jan 02nd, 2017 at 5:34 PM