Legal Question in Family Law in Massachusetts

child support and tax refunds

If a father is behind by alot in child support but is currently paying support, can he claim that child on his income tax instead of the child's mother and against the mother's wishes?


Asked on 2/06/08, 6:35 pm

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: child support and tax refunds

Usually, divorce agreements require true "currency" in child support. If there are arrears, you should have the right.

The "business decision" question: how much will you gain by fighting this if he goes to court?

However, in most cases, the court would support you if the father's arrears were not caused by an excusable situation.

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Answered on 2/14/08, 7:16 am


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