Question:
My child support order states that I am claim the children this year for taxes. The divorce judgment says my child support must be current to do so.
I have been paying both the current child support amount and the amount assesed for previous arrears. Does this constitute as being current?
Answer:
I would need to review the entire order to be able to fully understand and interpret all of its provisions, but if you owe any arrearage, your child support would generally not be considered "current."
However, if at the time the order you ask about above was entered, you already had the arrears assessed against you in a previous proceeding and you have never fallen behind since that time and/or if the judge found that you were current on all payments owed, you might have an argument that you are current.
You may want to consult a CPA for the ramifications of claiming the children this year when it may be contrary to the order.
I have only provided you with general legal information. For a more in-depth answer you should contact a family law attorney licensed in your jurisdiction.
Cordell & Cordell has men's divorce lawyers located nationwide. To schedule an appointment with Carrie H. Westbrook, an Associate Attorney in the Colorado Springs, Colorado office, please contact Cordell & Cordell.
