Legal Question in Family Law in Louisiana
Family Law
I have joint custody. Been divorced since the child was one. Divorce judgement said we could alternate years to claim him on taxes (hers odd years, mine even years).
Yesterday she told me she already has claimed him for her taxes. She said if I don't allow this, she will demand back child support for the past year. Turns out that in the original judgement I was to have paid $75 every two weeks. I haven't paid this in many years since we shared the costs of raising him, and she has never said anything about it.
He turns 18 in 2 weeks. Should I fight her on this, or consider it a wash since it wouldn't be worth fighting? The difference in my taxes would be a little over $2000. Or should I consult with an attorney? Also, would she have legal grounds for demanding child support for all those previous years? She has always made more money than me.
I would appreciate any advice as soon as possible, since I don't want to file my taxes until this issue is resolved. Thank you.
1 Answer from Attorneys
Re: Family Law
She has a right to go back up to 10 years for unpaid child support. Since you have been alternating the child on taxes for 16 years, it appears that you would be better off forgetting this one year. However, you need to get something from her waiving all past support in exchange for taking the deduction this year. Otherwise, she could still come after you.
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