LdiJ
Senior Member
That isn't a tax law question, its a family law question. It depends on exactly how their orders are worded, and exactly what their state guidelines say regarding arrearages.JesB said:Since you seem pretty knowledgeable in Tax Law do you think that if it ever happens again that he just take it up in court? The last time this happened he was only a really little bit behind and that was only because his payment hadn’t posted yet. By the time the IRS got involved he was already current. If he does take it to court do you think they will order her to repay him or will it just be credited?
Thank you
-Jes
In my state, he is flat out not entitled to the exemption unless he is 100% current on his child support.
If he can prove that he paid on time, and that it was just a posting error or delay, that might help him.