Legal Question in Family Law in Indiana

My husband has physical custody of his son, 12 years old. His exwife has been ordered by the court to pay $25/week for child support. She has never been current with her payments. She is now at least $300-400 behind in support. Someone told me that if she is behind in her support, she is in contempt. If she is in contempt and did not sign the form for her to claim him on her taxes, we could file an amendment and be able to get the exemption and therefore get a refund. This was for 2008. In the divorce decree they agreed to be able to alternate the child as an exemption. She also doesn't work. If she doesn't work, how could she receive any money? Could we file an amendment?


Asked on 1/12/10, 9:41 am

1 Answer from Attorneys

Without reading the decree, answering this question is difficult. It is my custom to condition exemptions for the non-custodial parent on being current in child support. I dont know what is in your decree. She is behind, file for contempt and ask the court to condition the exemption on

being current.

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Answered on 1/22/10, 5:18 pm


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