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Can my ex claim my child on taxes if he pays child support?

Can my ex claim my child on taxes if he pays child support?

Child support payments are neither deductible by the payer nor taxable income to the recipient. The payer of child support may be able to claim the child as a dependent: If the child lived with the payer for the greater part of the year, then the payer is the custodial parent for federal income tax purposes.

Can my taxes be garnished if my husband owes child support?

If your state child support enforcement office has reported your overdue child support to the Treasury Department, the IRS will take your tax refund to cover the arrears (often called a tax refund seizure). The IRS will then give the money to the appropriate child support agency.

What happens if my ex husband stops paying child support?

Also because California is a community property state, if your ex-spouse stops paying child support, the family law court can enforce the child support order against the ex-spouse and new spouse’s community property. However, this enforcement would exclude the new spouse’s current income.

Can a family law judge request income from an ex-spouse?

Some examples of extraordinary cases are the ex-spouse’s unemployment, underemployment, or reliance on the new spouse’s income. In those cases, the family law judge would request income information from the new spouse for further consideration of the child support calculation.

Can a new spouse be considered for child support?

In certain situations, however, the new spouse’s income may become part of community property shared with your ex-spouse and be considered in the child support calculation. California’s child support guidelines lay out the factors taken into consideration for the complex formula when determining child support in a divorce.

What happens to my ex husband’s new wife’s income?

If your ex-spouse remarries, the new spouse is not responsible for providing for your children financially, in most cases. In certain situations, however, the new spouse’s income may become part of community property shared with your ex-spouse and be considered in the child support calculation.

Why does my ex husband not pay child support?

It could be the single most infuriating and problematic issue a divorced woman has to face: a settlement agreement is reached, and yet she never receives her court-ordered spousal and/or child support. Or maybe her ex-husband makes a few payments, or a few partial payments, and then the checks stop coming altogether.

How can I get my Ex to increase child support?

You can check with your local Department of Child Support Services or Office of Child Support Services to see if they will open a case for you and ask a court to increase child support based on your ex’s raise. You can also ask them to run a calculation based on your state’s formulas to give you an estimate of what your ex may owe.

Can a non custodial father withhold child support?

A common complaint of non-custodial fathers is that their ex refuses to honor custody or visitation orders. In this situation, there is a temptation to withhold child support, but this is not allowed. Child support payments and visitation are considered by law to be separate issues.

How can I get my ex husband to pay my support?

A QDRO can help with recovering delinquent support payments. Support arrearages can be ordered to be paid through the non-paying ex’s retirement plan. But, meticulous review by a qualified attorney is essential before drafting a QDRO for recovering past-due support payments.