Can I claim a child on taxes because of ex's late/non payment of child support

[Mom2Many]

I live in Denver, CO. My ex and I have 2 children together. The court has ordered that he be able to claim one child every year and the 2nd child every OTHER year.

Concerning filing taxes for last year, the year he would be able to claim BOTH kids - he has paid support *late* several times. My current husband says that *we* should be able to claim one or both kids on OUR taxes because of my ex's LATENESS on paying child support.

My ex has had one child living with him for the better part of a year (but did not want to go back to court due to cost and hassle).

Is it legal/ethical to ask him/make him give us one child to claim for last year's taxes?

Thank you in advance for any advice.

 

[Mass_Shyster]

I live in Denver, CO. My ex and I have 2 children together. The court has ordered that he be able to claim one child every year and the 2nd child every OTHER year.

Concerning filing taxes for last year, the year he would be able to claim BOTH kids - he has paid support *late* several times. My current husband says that *we* should be able to claim one or both kids on OUR taxes because of my ex's LATENESS on paying child support.

My ex has had one child living with him for the better part of a year (but did not want to go back to court due to cost and hassle).

Is it legal/ethical to ask him/make him give us one child to claim for last year's taxes?

Thank you in advance for any advice.

It is LEGAL to ask him anything you want, and probably ETHICAL as well.

I don't know that you can MAKE him do what you want, so being legal or ethical is irrelevant.

It seems pretty harsh to ask him to give up a tax deduction as a late fee. What hardship did this cause, or do you just want to punish him?

 

[Silverplum]

What does your court order state on the subject?

I think, considering that one child has lived with Dad most of the year, it's entirely UNethical to ask him. You asked/I answered.

I live in Denver, CO. My ex and I have 2 children together. The court has ordered that he be able to claim one child every year and the 2nd child every OTHER year.

Concerning filing taxes for last year, the year he would be able to claim BOTH kids - he has paid support *late* several times. My current husband says that *we* should be able to claim one or both kids on OUR taxes because of my ex's LATENESS on paying child support.

My ex has had one child living with him for the better part of a year (but did not want to go back to court due to cost and hassle).

Is it legal/ethical to ask him/make him give us one child to claim for last year's taxes?

Thank you in advance for any advice.

 

[LdiJ]

I see nothing unethical about it. They have two children, they should each be claiming one. There is no reason why dad should get to claim both children every other year.

 

[Silverplum]

I see nothing unethical about it. They have two children, they should each be claiming one. There is no reason why dad should get to claim both children every other year.

Court order.

Legal site. You know. Court orders exist for reasons; the reason for that order has not been revealed.

 

[Zigner]

I see nothing unethical about it. They have two children, they should each be claiming one. There is no reason why dad should get to claim both children every other year.

Except, perhaps, per the court order

 

[Zigner]

Court order.

Legal site. You know. Court orders exist for reasons; the reason for that order has not been revealed.

You speedster you!

 

[Silverplum]

You speedster you!

I can't explain it. It's a gift.

 

[LdiJ]

Except, perhaps, per the court order

However, that doesn't make it unethical to ask, which was what I was commenting on. Of course the court order has to be followed if there is no agreement to deviate.

 

[Zigner]

However, that doesn't make it unethical to ask, which was what I was commenting on. Of course the court order has to be followed if there is no agreement to deviate.

I was only responding to your statement: There is no reason why dad should get to claim both children every other year.