Legal Question in Family Law in Louisiana
A judgment was rendered in 2006 which allowed me to claim my child for tax purposes and the child tax credit. In 2008 a judgment was rendered that I had to pay arrears, nothing was mentioned or changed in reference claiming the child for taxes. The mother has taken it upon herself, for the last two years to claim the child on her taxes. She told me last year I can do that because you are in arrears. Therefore, last year I stopped paying the arrears and just paid the regular support amount.
My question, is she in contempt because the last judgment for taxes was never changed or modified and what should I do to correct this?
2 Answers from Attorneys
You need clean hands-meaning arrearages need to be paid-but if a new judgment does not address an issue covered by a former judgment-the firmer judgment still controls. Your cause of action is a motion for contempt.
She may be in contempt, but so are you. You should have claimed the children until the court says otherwise. Your refund would automatically go to the arrearages, but you still get the deduction.
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