Legal Question in Family Law in Indiana

In my court order for child support there is nothing stated about which parent claims the child and when. The parent that is ordered to pay lives in another state and has threatened to get the irs involved in this situation. January of this year was the first child support payment I received. Should I get a court order stating how often each parent gets to claim the child? I aimed him on 2019 and was going to let the father claim him on 2020 taxes, but today hes throwing a fit about taxes and the stimulus payment ect.

Asked on 4/15/20, 7:46 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

As your 2020 tax return will not be filed until 2021, you may not have to take any steps right now, as facts may change. If he did not make any child support payments in 2019, he would not be able to claim a deduction unless he can show alternative support for the child. You can go ahead and file for the tax deduction for the child on your 2019 tax return, which is due to be filed in July 2020 under the current schedule.

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Answered on 4/16/20, 8:34 am

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