Can my ex husband claim our daughter as a dependent if he is not current on support?

Our divorce decree says he can claim her on the even years. Since it is time to file for 2008 it would be his year but he was 8 months behind in support on Dec 31st, 2008. Can he still claim her? He is self employed so he always owes taxes and i can't even get back support through his refunds.Can my ex husband claim our daughter as a dependent if he is not current on support?
i had similar problem witht his. Except i have allowed father to not pay child support at all. because pretty much we make 100k more a year then he does, he makes bout 12k a year. so i feel obligated to not let him pay..


Anyways what had happened is the father decided to claim without even telling me. so when i went into my tax preparer. H%26amp;r block, they said that indeed he would get the money, but after filing some form, something or the other, with proof that she lived with me 9 months plus out of the year, her school documents would show that, then i could file the paperwork and the IRS would bill him. In a sense.


I being a nice parent never went threw with it. But talk to an agent and your lawyer. if he pays support threw a state agency, not directly towrads you, then there is proof he will be behind in his child support. then you receive it anyways.Can my ex husband claim our daughter as a dependent if he is not current on support?
If your daughter live with you more than half the year and she lived with you more than she lived with your ex-husband, you entitled to claim your daughter unless(a) you sign an 8332 (or similar) form, (b) provide it to him, and (c) he attaches the 8332 form to his tax return. Your divorce decree or separation agreement does not count as a replacement to the 8332 form and so is no longer adequate to allow your ex-husband to claim your daughter every other year on his tax return. Even if you allow you ex-husband to claim your daughter as a dependent by signing the 8332 form, your ex-husband is not entitled to file as head of household or to get the earned income credit.





see http://www.irs.gov/irb/2008-33_IRB/ar06.鈥?/a>


for the recent IRS regulation that addresses this issue.





Richard K


HR Block





This advice is based upon my understanding of the law in effect at the time it was written as it applies to the facts provided by you. See my profile for more information.
why dont you call up the courts and lawyers responsible for the decision that was made in your specific case and ask them?





cause what one judge ruled for someone may not be exactly what they ruled for someone else, so therefore the only person who is going to be LEGALLY able to answer this is your lawyers
Yes he can that is your legal agreement. However if he is behind on his support you can take his tax return. Call an attorney or your courthouse where your support order is filed and they can direct you better.
He can claim her even if he hasn't paid a dime.

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