Legal Question in Family Law in Massachusetts
I have a legal agreement with my ex husband that each of us will be able to claim one child on our taxes starting this year (we have 2 children) I have full primary custody, we share legal. We also have a legal agreement for him to carry health care for them and court ordered child support amt of $294 a week plus $50 a week towards the arrears of about $11000. He hasn't held health care for them since Oct 2009 and only started paying on average of $295 since June. So he didn't pay child support the full year of 2010. Am I able to claim both children since he isn't holding health care or hasn't paid what is ordered or can I only claim one child?
1 Answer from Attorneys
If your court order did not say anything about him having to be current then he has very right to follow the court agreement and claim a child. If you want to change this then you must go to court.