Child support

I am divorced and the custodial parent of 3. My ex and I each claim 1 child and alternate the 3rd. My ex is behind on child support and in the Child Support Order, it states that her claiming kids is subject to being current as of December 31. Do I get to claim all 3 kids, or does she still claim 1, and I just have to wait for the IRS to deduct back support from her return?

posted

It depends, the IRS confiscates refunds for back child support if your state enforcement is involved. If your state enforcement is not involved and she is getting a refund the IRS does not know that she owes you back child support and will not confiscate her refund to pay the back child support

As to who can the children there is a form 8332 to release dependent that is helpful to have in your records as to who can claim which children and what years.

Link to form 8332

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