Legal Question in Family Law in Ohio

My ex-husband had not paid child support in many years . Now he want to clam one of our 2 boys on his taxes. (It is in our divorces decree that he can clam one of the boys.) But since he does not support either of them, Does he have any legal right to clam him?


Asked on 1/30/13, 5:45 am

1 Answer from Attorneys

Eric Willison Eric Eastman Willison

In Ohio, the parties must abide by the divorce decree. If the decree says that he can only deduct for one, then he would be unwise to disobey the court's order and try to claim them both. He is also unwise to not obey the court's order to pay the child support amount. If he won't pay that, then your remedy is to take him to court by filing a motion for him to show cause why he should not be held in contempt of court for failure to pay the support order. if the court does not find that he has a good reason for failing to pay the support, the court may order him to report to jail.

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Answered on 1/30/13, 10:31 am


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