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If my sons father is behind on child support, do I get to claim my son on MY taxes?


When we had child support set up it was supposed to be that I claim the first year, then he gets the next 3 yrs, then I can claim again and so on. But I think I remember them saying that if he was behind on his support than I automatically get to claim him.....I think. Does anyone know if this is true or something I Imagined???? I live in AZ

Read through your support papers that contain your tax related issues. It should be outlined thoroughly.

Edit - it is my understanding that even with the new tax code concerning the definition of a child (who gets to claim) is that a court order supersedes the new tax code. Still check your support paperwork, if it is silent on who claims the child then the custodial parent gets to claim the child.
yes you can claim him or whatever your sons father get in taxes goes to you.
It should all be in your court documents. Check it out before you do anything though, because if you can't claim him and you do, it's contempt of court as well as problems with the IRS.
The IRS states that the child be supported 75% or more by the person who claims him
Read your divorce decree, it should tell you all the details about tax implications and so forth. Just remember this if both of you claim him you both are going to get audited. Make sure that you and the childs father are in agreement on who is carrying your son.
AS LONG AS YOU CARE FOR YOUR SON AND LIVES AT YOUR ADDRESS YOU CAN CLAIM HIM IT DOESN'T MATTER WHAT HE OWES.
I wouldn't mess with a court order. If the order states that the tax deduction is the ex's, then that's how it has to be. If there is a condition of the deduction awarded to you in the event of non-payment, then you can take it. BUT...make sure you read your divorce papers to be sure. You don't want to end up having to pay back taxes!
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