QUESTION

With him being in arrears, is he still allowed to claim 2 children this year as stated in our divorce decree?

Asked on Mar 03rd, 2015 on Divorce - Louisiana
More details to this question:
According to my divorce decree, it states that my ex and I, the noncustodial parent (the father) are to alternate tax years filing the children. We have three children. It states that until their graduation from high school, one year, I will claim two, and him one child, and the following year, him two children, and myself one child. Last year I claimed 2 children, and it is his year to claim 2 this year for (2014). I had it set up where my support is monitored by the state. He is currently in arrears $1700 for past due child support. Unfortunately, the attorney did not word the divorce decree to state if he was behind on support, he could not claim the children. I however, think it's unfair, that he will get a larger return, when his children have been put on hold for things they need.
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1 ANSWER

Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
If you are the domiciliary parent and he is in arrears, you should claim the income tax Dependency exemptions.
Answered on Mar 04th, 2015 at 9:56 AM

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