Claiming children/divorce decree

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What is the name of your state? Florida
Hi, I'd like to know that if in the divorce decree which states he can claim our son on taxes and i can claim our daughter. At the time of the divorce i agreed under the conditions of the divorce decree, assuming he'd pay the child support of 400.00 a month. He has not lived up to one thing in the divorce decree. He also only visits them every other month or so which makes the financial burdon all mine. I wonder if because he hasn't paid CS(currently 3800. in arrears) If i can, as custodial parent, claim my son as well.
Is it true that if he does not abide by any part of the divorce decree that i can now disregard it as well and go ahead and claim my son as well as my daughter? I feel that Since i supported both children entirely i should be able to claim them both.
How could he get to be rewarded with a refund by claiming a son he didn't support? Thats like being rewarded for being a dead beat dad. Does anyone know if i can claim both of the children as a result of his negligence or what will happen if i just claim him anyway?
Thanks so much for any help.
C-

 

[haiku]

What is the name of your state? Florida
Hi, I'd like to know that if in the divorce decree which states he can claim our son on taxes and i can claim our daughter. At the time of the divorce i agreed under the conditions of the divorce decree, assuming he'd pay the child support of 400.00 a month. He has not lived up to one thing in the divorce decree. He also only visits them every other month or so which makes the financial burdon all mine. I wonder if because he hasn't paid CS(currently 3800. in arrears) If i can, as custodial parent, claim my son as well.
Is it true that if he does not abide by any part of the divorce decree that i can now disregard it as well and go ahead and claim my son as well as my daughter? I feel that Since i supported both children entirely i should be able to claim them both.
How could he get to be rewarded with a refund by claiming a son he didn't support? Thats like being rewarded for being a dead beat dad. Does anyone know if i can claim both of the children as a result of his negligence or what will happen if i just claim him anyway?
Thanks so much for any help.
C-

Ok, if he is court ordered to recieve the deduction, with no stipulation he must be current on support, you have to give him the deduction or face contempt of court charges. Read your order to make sure there is no stipulation. If there is you CAN take the deduction. If not, you must follow the court order as it stands.

As custodial parent you would be required to sign form 8332 for IRS purposes to release your right to claim your son to him. did you ever do that in the past?

If he does not have that form attached to his return and you both file, the IRS will give you the deduction by default as the CP. BUT your ex could either contest it with the IRS, and eventually get his money back and/or take you to court for contempt and get his money back that way.

If he is behind in support, you need to take him to court for contempt of non payment for support, and ask that the order be modified that he only be allowed the deduction if he is CURRENT with his support.

 

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The only stipulation was that the first tax year after signing the divorce papers i got to claim both of them.(the year i left he filed before me and claimed both of them)
Other than that is just says he can claim our son, I claim our dauther.
so basically any stipulation has expried because it only applied to that year?

He is NOT current on his support. I think as it is he is only paying around 5,000 a year and he's behind 3,800.00 and in comtempt of court for a second time now. He has not complied with ONE thing in the divorce decree, from visitation to re financing the house to get me off the credit. Now reporting negitively on mine because he did not comply with the divorce decree and refinance/sell the house to clear me.

so if there is no stipulation, i can or can't claim the deduction?
You said Read your order to make sure there is no stipulation. If there is you CAN take the deduction. If not, you must follow the court order as it stands.
that part confuesd me.

Q. As custodial parent you would be required to sign form 8332 for IRS purposes to release your right to claim your son to him. did you ever do that in the past?

A. No, I have never signed such papers. It just says in the original divorce decree that he can claim my son and i claim our daughter.

If he is behind in support, you need to take him to court for contempt of non payment for support, and ask that the order be modified that he only be allowed the deduction if he is CURRENT with his support.
The department of revenue is the one whos fighting him for child support. He was in contempt of court for not paying, we went to court (the dor on my side) and he was facing jail. He purged with 500.00 and fifty extra a month. This was three months ago and there is one payment in the last three months. He is in comtempt of court again rigtht now. I'm not sure what happens to him next.
thanks so much for your quick answers
C-

 

[haiku]

The only stipulation was that the first tax year after signing the divorce papers i got to claim both of them.(the year i left he filed before me and claimed both of them)
Other than that is just says he can claim our son, I claim our dauther.
so basically any stipulation has expried because it only applied to that year?

***Yes, legally, per your order he is entitled to claim your sone****

He is NOT current on his support. I think as it is he is only paying around 5,000 a year and he's behind 3,800.00 and in comtempt of court for a second time now. He has not complied with ONE thing in the divorce decree, from visitation to re financing the house to get me off the credit. Now reporting negitively on mine because he did not comply with the divorce decree and refinance/sell the house to clear me.

***Because he does not have to be current, and none of the other factors have anything to do with the other, these have no bearing on his right to the deduction at this time.****

so if there is no stipulation, i can or can't claim the deduction?
You said Read your order to make sure there is no stipulation. If there is you CAN take the deduction. If not, you must follow the court order as it stands.
that part confuesd me.

***I am sorry, if it does NOT say he has to be current in support , to take the deduction (the stipulation I was referring to) he still gets the deduction even if he is behind.****

Q. As custodial parent you would be required to sign form 8332 for IRS purposes to release your right to claim your son to him. did you ever do that in the past?

A. No, I have never signed such papers. It just says in the original divorce decree that he can claim my son and i claim our daughter.

***Ok, the irs, likes to see this form signed and attached to the NCP's return. it only becomes an issue if both of you take the deduction. At this point though, were he to ask you for it, you would be obligated under court order to sign it for him***

If he is behind in support, you need to take him to court for contempt of non payment for support, and ask that the order be modified that he only be allowed the deduction if he is CURRENT with his support.
The department of revenue is the one whos fighting him for child support. He was in contempt of court for not paying, we went to court (the dor on my side) and he was facing jail. He purged with 500.00 and fifty extra a month. This was three months ago and there is one payment in the last three months. He is in comtempt of court again rigtht now. I'm not sure what happens to him next.
thanks so much for your quick answers
C-

Assumming the DOR only handles child support, likely to get the deduction issue changed, in your order, would require you to take him to court for modification on your own. you would ask for the deductions to be changed based on his non payment of support.