Back support and Tax deduction

[dstein]

Colorado - 3 questions

If the tax credit for child is given to the other custodial parent, can that credit be used to deduct from back support owed?

When filing for back support, who has the "burden of proof" for payments made...the person filing or the person that owes?

The paralegal states in an email that credit was given for a certain period and no records of payments are available for the same period. How can they come back later and say there is support owed for that period based on affidavit alone?

Thanks

 

[scumcoast]

You cannot use tax credit as back support you did not give it to them. The person who owes the money has the burden of proof of burden. The aff. is gold if payor cannot prove it is not right. Better start digging for receipts. Good luck