Legal Question in Family Law in Massachusetts

Child Support and Tax

My ex has decided to move away and lives about 2 hours away in the same state and has a job under the table. He was collecting unemployment also so I was getting support. Now that his extention has ended I stopped getting it. He has no intension of working and he said he does not care if he goes to jail. My question is. Next year on my taxes will I be able to claim both children. My divorce agreement said we can each claim 1 but since I will be supporting both. Does that not entitle me to claim both? If not, do I deal with this when MASS DOR files contempt charges. It goes through them and they give me the money. Thank you.


Asked on 1/31/03, 12:16 pm

1 Answer from Attorneys
Raymond P. Bilodeau Raymond P. Bilodeau, Esq.

Re: Child Support and Tax

This is why I always put a clause in any divorce agreement that the non-custodial parent can claim a child only if he is current with all child support payments at the end of the year.

As it is, you seem to have a court order that does not depend on his paying. You should file a complaint for contempt, get the court to order him to look for work, reporting every day or week with a list of places with names and telephone numbers of persons he spoke to, and a complaint for modification to allow you to claim the children.

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Answered on 2/01/03, 9:48 am


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