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Old 02-09-2015, 11:22 PM   #1
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Default taxes question

For taxes it's my exes year to claim k. He is behind over $1000. Can I legally claim K?
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Old 02-10-2015, 05:51 AM   #2
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Default Re: taxes question

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Originally Posted by youngmomma01 View Post
For taxes it's my exes year to claim k. He is behind over $1000. Can I legally claim K?
According to my Virginia lawyer, no. One (legally recorded) agreement has nothing to do with the other...BUT..if he gets a tax return it can be off-set to go to you if he is far enough behind (in your state) for them to take such action..
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Old 02-10-2015, 12:34 PM   #3
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Default Re: taxes question

I agree with blue. you can't claim him. but supposedly if he gets a refund, it should be garnished to offset the arrears. are you registered with a child support enforcement agency...? not sure how it works in WI...but here, the agency tracks the arrears, so you do not have to be directly involved.
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Old 02-10-2015, 02:04 PM   #4
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Default Re: taxes question

Now wait a second. You can claim the child. But beware that you are in contempt if you do.

Your decree is a state decree. Not IRS. And IRS code says the parent who has the child more than 1/2 of the time and pays for more than 1/2 of the expenses is entitled to claim the child.

Remember the IRS is federal law which is superior to state law.
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