If my husband and I haven’t been together for 3 years andhe’s behind on child support, can he claim our boys and me on his taxes?
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If my husband and I haven’t been together for 3 years andhe’s behind on child support, can he claim our boys and me on his taxes?
My husband and I have been separated for 3 years, I have both of our children he pays child support and is behind, the court has passed a judgement that his taxes be taken to cover the arrears. He has claimed me and my children the last 2 years without my permission and says he can because we are married that no permission is needed, that the signature is electronic so I don’t need to give it. I want to claim myself and my children this year but I’m not sure if he’s doing things legally or not.
Asked on December 1, 2010 under Family Law, Kentucky
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am assuming that if you have already been back to court on the issue of the arrears and that the court has issued orders there must be some formal agreement in place already, correct? Does your separation agreement speak to the issue of the taxes? It might just do so and if it does and you wish to modify it then you need to ask the court to allow that if he will not agree. The agreement is a contract by which you have to abide. Now, putting aside the agreement for a minute you should consult with an accountant as to your tax issues. The IRS has their own criteria that you need to be made aware of. You can indeed file married but living apart. You just won't get the tax breaks afforded married couples. Good luck.
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