Rights as custodial parent to claim dependants

[sherylpaul]

What is the name of your state? Georgia
I would like to know if I can legally claim all of my four boys as dependents. We are modifying our divorce decree in which I allowed him to claim all four sons as dependents before I began working. Now that I am employed, he wants me to only claim the older two boys, who are seventeen and fifteen. He is in arrears 30,000 in child support and we are in court. Legally this cannot be modified unless we go to State Court?What is the name of your state?

 

[LdiJ]

What is the name of your state? Georgia
I would like to know if I can legally claim all of my four boys as dependents. We are modifying our divorce decree in which I allowed him to claim all four sons as dependents before I began working. Now that I am employed, he wants me to only claim the older two boys, who are seventeen and fifteen. He is in arrears 30,000 in child support and we are in court. Legally this cannot be modified unless we go to State Court?What is the name of your state?

Under the federal tax code, unless you give him a signed form 8332, you are the only one who is allowed to claim the exemptions for the children. Unless your divorce decree would be sufficient to substitute for a form 8332, the IRS won't care what it says.

Under Georgia family law, the judge can order you to sign form 8332 for some or all of the children, however, that's extremely unlikely since he is 30k behind in child support.

You should insist on claiming all of the children until such time as his arrearages are paid off.

 

[abezon]

Before this, you didn't need to claim the kids because you had no taxable income anyway. Now that you're working and can benefit from claiming the boys, and he's way behind on support, the court will probably just let you claim all 4. If the judge seems resistant to this provision, offer to let him claim the 2 older boys any year his support is paid in full by 12/31. Judges love that provision because it puts the onus on the NCP to pay up at least once a year.

The reason he wants the 2 younger kids is because they are the ones who are still young enough for the $1000/kid child tax credit. It disappears the year a kid turns 17. Does he have a lawyer? Point out to the judge that the guy can afford to pay his attorney but won't pay his child support.

If you did have any income from earnings, even just $2,000 self-employment for babysitting, get to a tax pro immediately & file returns, as you were eligible for earned income credit because the boys lived with you.