Tax deduction question...

[Raisingmaddy]

What is the name of your state -Washington

Just so you know, I no intentions of doing anything about what I am about to ask...I am just curious.

Child support documentation states ncp gets to claim 1 child this year for tax deduction...if current on child support and not owing any arrears by end of the year.

New child support order entered 12/28/09 with higher amount leaving a balance owing for the month of December unpaid.

Technically ncp is now in arrears, new order accidentally left out how this was to be paid if by garnishment so I was told it will just sit there, owing, until ex decides to pay it on his own because this amount cannot be garnished. Regular monthly amount being garnished. Ex stated he WILL not willingly pay the new arrears, court has to garnish it or it will not be recieved.

Does he still get to claim tax deduction for child? Again, I am not going to claim the child, I am just asking out of curiousity, that's all.

 

[LdiJ]

What is the name of your state -Washington

Just so you know, I no intentions of doing anything about what I am about to ask...I am just curious.

Child support documentation states ncp gets to claim 1 child this year for tax deduction...if current on child support and not owing any arrears by end of the year.

New child support order entered 12/28/09 with higher amount leaving a balance owing for the month of December unpaid.

Technically ncp is now in arrears, new order accidentally left out how this was to be paid if by garnishment so I was told it will just sit there, owing, until ex decides to pay it on his own because this amount cannot be garnished. Regular monthly amount being garnished. Ex stated he WILL not willingly pay the new arrears, court has to garnish it or it will not be recieved.

Does he still get to claim tax deduction for child? Again, I am not going to claim the child, I am just asking out of curiousity, that's all.

As far as the IRS is concerned, if you don't give him a signed form 8332, and there is a duplicate claim, it would go in your favor.

However, as far as a state court judge is concerned, it probably wouldn't go in your favor. Why? because the orders were made 12/28/09, which gave him little to no opportunity to pay the arrearages prior to 12/31/09.

However, if the orders were made significantly earlier than that, then it might not go in his favor.