topic Can I claim my kids if I owe back child support in Louisiana? in Deductions & credits

Can I claim my kids if I owe back child support in Louisiana?

userericlinscomb — Mon, 09 Mar 2026 08:26:01 GMT

Re: Can I claim my kids if I owe back child support in Louisiana?

Vanessa A — Thu, 10 Mar 2022 18:20:00 GMT

Child support does not affect whether or not you can claim your kids. As long as they meet the below criteria (and you have an agreement with the other parent if you have shared custody) then you can still claim them.

Be aware, your refund may be Offset for back child support.

The following criteria must be met to claim someone as a qualifying child:

Your child (including adopted and foster children), your sibling, or a descendent of any of them.
Age 18 or younger at the end of the tax year OR under 24 (and younger than you and your spouse) if they are a full-time student
Lived with you for more than 6 months during the tax year
They did not provide more than half of their own support
They did not file a joint return, unless it was to claim a refund

Re: Can I claim my kids if I owe back child support in Louisiana?

Hal_Al — Thu, 10 Mar 2022 19:28:01 GMT

The custodial parent has first priority on claiming the children on her taxes; regardless of the amount of support provided by the non-custodial parent. The IRS goes by physical custody, not legal custody. The non-custodial parent can only claim the child as a dependent if the custodial parent gives permission (on form 8332) or if it's spelled out in a pre 2009 divorce decree. Even if a divorce decree, dated after 2008, gives the non-custodial parent the right to claim the child, he must still get form 8332 from the custodial parent. A properly worded decree should require her to provide that form. https://www.irs.gov/pub/irs-pdf/f8332.pdf