Legal Question in Family Law in Indiana
divorce
My ex-husband has not paid child support in over a year. He has not been employed for 14 months. It is his year to claim our daughter on his taxes. Because he is behind in his child support, does he still get to claim our daughter?
Asked on 2/24/07, 2:50 pm
1 Answer from Attorneys
Re: divorce
Sometimes the order for child support requires that the non-custodial parent be up-to-date in support in order to claim the exemption. Look at your order. If he is that far behind in support, you should see your local IV D prosecutor who will obtain a tax intercept for you.
You should obtain an order of contempt and establish arrears. You should also seek to modify the support order to require that he not be in arrears in order to be entitled to the exemption.
Answered on 2/24/07, 4:29 pm
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