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Minor child claimed dependant by custodial mom- now being threatened by non-custodial dad

1 Answers. Asked on Apr 28th, 2016 on Taxation - Georgia
More details to this question:
my divorce decree says the minor child can be claimed by divorced parents alternating years. I have claimed minor child for all of the years due to the fact that non-custodial has had her less than 4 days of any year. He had to have his wages garnished for non payment of child support and is now just paying 2011-2015 back taxes with penalties... He says he is taking me to court. How can he expect to claim minor when he spend virtually no time with her which makes him uneligible
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Answered on May 12th, 2016 at 6:04 AM

If the divorce decree allows your ex to claim your daughter in alternating years, then he is presumptively eligible to do so. Unfortunately, how much time he spends with her does not matter; it's the payment of support. You may be able to successfully defend yourself against his claims if he was not paying, and you might be able to successfully win with the IRS if he claims her on some of his returns for years you also claimed her, but you will have to deal with the provision in the agreement that gives him the right to claim her. Best wishes to you.

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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