Legal Question in Family Law in Michigan

Taxes and Child Support

My ex-husband and I have been divorced for a few years. Since we did our divorce pro per ther is nothing in our papers that states who claims the kids. I have claimed our girls for the last three years. This year he wants to claim them because he is $5,203.07 behind in child support. He figures if he claims our two girls he can make some of that up. Is it legal for him to do that. This past year he has paid maybe $1000. of his obligation.


Asked on 1/16/09, 12:21 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Taxes and Child Support

You can always agree to it voluntarily, but typically, when I draft judgments regarding who claims who for the taxes, that if the child support payor wants to claim the child they have to be current on child support. Since he is behind, that hardly seems like justification for him to get the tax credit.

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Answered on 1/17/09, 9:36 pm


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