Last year my ex and I had settled out of court and had a decree for child custody drawn up and filed. This is a year that he is suppose to claim our daughter for taxes but he has not paid me up to date my child support his excuse is because he has not had a job because he is focusing on going back to school.Although I understand and commend him for this effort in the decree we have a stipulation that says if he is not paid in full by January 15th I would get the right to claim by default. I have had a real hard time but he doesn't think I deserve to claim her because I have had a job and he does not. I am her custodial parent but he does get visitation. I tried to get him to sign the required IRS 8332 form but he will not because he is intent on claiming his taxes. My question is can I go ahead and claim her because he is not paid up to date on his child support or because he will not sign this paper and do not have money obviously to take it to court let him go ahead and claim her leaving myself and my financial need for my daughter so that his financial needs can be met?
1 Answer from Attorneys
You can, but if he does as well you're both likely to get audited by the IRS.