Legal Question in Family Law in New Hampshire
divorce decree
I was divorced in NH in 2003. My ex who got the right to claim our 2 children for all tax years up to 2007 has been in child support arrears for 5 years now. Is there any way to amend or change a divorce degree with the stipulation where if he does not pay child support, he cannot claim the tax credit? I have claimed the children since 2003 because they live with me full time and I support them to the fullest, as their father does not. He tells me the IRS is going to come after me for doing this. The children see their father twice a month and he does not support them in anyway.
3 Answers from Attorneys
Re: divorce decree
You have several issues to consider. First, he is in arrears in child support. You probably should have notified the court of this situation so corrective action could be taken. Next, he is relying upon a court order. That may or may not be the controlling factor as the "proof" of payment for the care of the children is often what IRS seeks. Third, child support is reviewable by the NH court every three years at the request of either party. Perhaps it would be beneficial for you to meet with an attorney to review the options and plan an appropriate strategy to address these matters.
Re: divorce decree
You need to file a complaint for modification to change there is a change in circumstances in the state that has jurisdiction over this matter. This seems to be NH
Re: divorce decree
The IRS will leave you alone. It is only the court that can hold you in contempt. The IRS takes the position that they are not bound by the court orders directly. To paraphrase Lily Tomlin in the days of the single telephone company, "We're the IRS. We don't care -- we don't have to."
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