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If a non custodial parent owes back child support at the time of filing taxes, Does he have th eright to claim this child if he has a court order to claim every other year
If he has the right to claim the child every other year, is it his year?
If it is his year, then yes - He does have the right to claim the child. When he files his taxes it is possible for them to intercept his taxes to give to the CP for back support.
If a non custodial parent owes back child support at the time of filing taxes, Does he have th eright to claim this child if he has a court order to claim every other year
Look at your court papers. Normally, they will add in there that the non custodial parent can claim the child every other year as long as they are current in all child support obligations. If it is not stipulated, then he has the legal right to claim the child every other year regardless.
And that's a point that needs to be stressed. Too often, decrees state that mom can claim child(ren) in even years, dad in uneven years--period. There should ALWAYS be a statement added that the NCP can claim them only if all support and any other related obligations (child care, medical expenses, etc.) are current at the end of the tax year.
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