Is my ex allowed to claim our child on taxes?

Is anyone familiar with the laws on filing your children on taxes? According to the divorce, we rotate, claiming our daughter every other year. This would be his year according to the divorce (2017), but he hasn’t paid child support in 2 years. Not once. Is he still allowed to file her? I don’t feel like it’s fair at all. I don’t want to get into any legal trouble, but I feel like I rightfully should file her. I’ve been the only one providing everything.


If it’s in the court order, yes he can claim her. Even though it’s unfair.


he shouldnt even be asking if not paying child support he sounds money hungry not a caring dad

I would call and check for sure but if he hasnt provided for her then you should be claiming her

Your best bet is talking with a lawyer. I’m pretty sure you’d have to take him back to court, or call the attorney generals office and let them know he hasn’t been paying her.

If it’s in a legal contract you need to let him claim her otherwise you will get in trouble


No you have every right to claim since he dont pay child support.

Ask the judge/attorney that handled your agreement.

If it’s in a legal.binding document then yes hes allowed to claim reguardless

I would speak to your lawyer. If he isn’t paying child support and both that and the tax thing was mandated you may be able to get around it.

If she lives with you more than 6 months out of the year, you claim her.

He can claim her and you’ll get all his tax money if there’s any back child support that needs to be paid.

Talk to your lawyer not the internet? :exploding_head:

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If its in the court order than yes he can but childsupport will take what’s owed out of his tax refund

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If childsport is through the state than when he files you will get his taxes regardless on if he claims or not. But to answer your question if its court ordered than yes he can claim her on his years. And nothing you can do

If the legal agreement is that you alternate and there’s no caveat for child support, then it’s his year and it doesn’t matter if he’s paid. If you want to change the alternating agreement, you should speak with your lawyer to modify the agreement.

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If he gets a return the state will take it to pay you for his back child support

Oh since he dont pay child support. You can go tut o court and have his taxes sent to you for back child support.

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Yes he can however if he is backed up on child support that refund will be taken to pay his debt. My husband is back on his child support for my step son and we dont get a refund it’s ok to us cause the money goes to her. The child still needs to be taken care of.


Talk to a lawyer. But if he owes back pay, they take what he owes out of his taxes. Or at least here in MI they do.