Legal Question in Family Law in Maine
claiming child
my son's father owes a lot of back child support when he gets caught up he wants to start paying me directly. he also wants to claim him every other year. he doesnt see him and my husband puts a roof over my sons head, clothes on his back and food in his stomach. my son's father has never done anything for him. what right does he have claiming him ?
1 Answer from Attorneys
Re: claiming child
Unless the underlying Order specifically states that he may claim the child; he probably has no right to do so at all. As a general rule, the right to claim a child for federal and state tax purposes typically follows the child's primary residence. In a similar vein, many divorce judgments and parental rights & responsibilities judgments provide that the non-custodial parent may claim a minor child only if they are current in their child support obligation.
The underlyinh order should give you your answer. The burden would be on your ex to file a motion to modify with the court and he would have to have a good reason why that aspect should be modified. I'm guessing that he will have a hard time doing so.
If you would like to discuss the matter in more detail, please do not hesitate to contact me.