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Claiming children for 2011 Taxes?

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quiksilver2101

Junior Member
What is the name of your state (only U.S. law)? Idaho

Hi, I got divorced about 4 years ago. In our divorce papers there was a clause that stated if I fell behind on my child support payments, my ex wife would be able to claim all of our children for taxes for that year. So last year I fell behind on child support. My ex wife just filed her taxes and claimed all of our kids for last year. My question is this: After that clause was put in the divorce papers, last year we went back and changed child support because my income changed, and that clause was not in our new papers. Does this still apply since it was in our very first papers, or since it was omitted in the modification am I able to claim my children for last years taxes like I am supposed to? I hope this question makes sense. Thank you very much.
 


meanyjack

Member
What is the name of your state (only U.S. law)? Idaho

Hi, I got divorced about 4 years ago. In our divorce papers there was a clause that stated if I fell behind on my child support payments, my ex wife would be able to claim all of our children for taxes for that year. So last year I fell behind on child support. My ex wife just filed her taxes and claimed all of our kids for last year. My question is this: After that clause was put in the divorce papers, last year we went back and changed child support because my income changed, and that clause was not in our new papers. Does this still apply since it was in our very first papers, or since it was omitted in the modification am I able to claim my children for last years taxes like I am supposed to? I hope this question makes sense. Thank you very much.
I would lean towards the clause is still applicable because you simply had the child support amount modified, and nothing else.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Idaho

Hi, I got divorced about 4 years ago. In our divorce papers there was a clause that stated if I fell behind on my child support payments, my ex wife would be able to claim all of our children for taxes for that year. So last year I fell behind on child support. My ex wife just filed her taxes and claimed all of our kids for last year. My question is this: After that clause was put in the divorce papers, last year we went back and changed child support because my income changed, and that clause was not in our new papers. Does this still apply since it was in our very first papers, or since it was omitted in the modification am I able to claim my children for last years taxes like I am supposed to? I hope this question makes sense. Thank you very much.
Here are your choices:

1. You can argue that the original clause still applies. In that case, mom gets to claim the children for last year because you were behind on child support. However, you have a chance to get CS caught up in the future, so you might be able to claim the deduction in future years (assuming that's what the order says).

2. You could argue that the clause no longer applies because it's not in the new CS amount. In that case, there is no court order on the deduction - which means that IRS rules determine who gets the deduction - which is probably Mom (assuming that she's the custodial parent because you're paying child support. So, you would NEVER get the deduction.

Obviously, it's better for you if the original clause still applies. However, it will ultimately come down to the exact wording of the original order and the new CS orders.
 

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