Legal Question in Family Law in Arizona
Request tax deduction
In my divorce decree, a child support amount of $495 was ordered. A year or so into payments - spouse requested verbally to lower child support to $350 for a short period of time while he was unemployed. This $350 underpayment of child support has been the case for years and has never returned to $495. I have requested that my spouse can keep paying the amount of $350 child support ONLY if agrees to give up the tax deduction that he has been getting every third year.
If he chooses not to agree to this - can I request the difference of the child support he was underpaying? Also, isn't the tax deduction for the parent who has the child living under the same roof full time?
Thank you for your help
1 Answer from Attorneys
Re: Request tax deduction
Thank you for your inquiry. Generally speaking, you have the right to enforce any child support that has not been paid according to the court order. In addition, if the paying parent is not "current" in their support obligation by December 31 of any year they would be entitled to claim the child for taxes, then they lose the exemption for that year. In other words, if he isn't current in his child support, then he doesn't get to take the child as a deduction.
Sincerely,
Monica Donaldson
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
