Can a non custodial parent who owes back child support claim the children?

My Childrens Father is behind on child support. I have been told that if he is behind he can not claim the children on his income taxes...Is this true?
    That is not true.  What is true is that the noncustodial parent cannot claim the child as a dependent unless either (1) the custodial parent gives them permission to do so using Form 8332 or (2) the parents entered into some type of agreement, such as a divorce settlement, that conferred the dependency exemption upon the noncustodial parent.  In the case of (2), the parents may recognize the effectiveness of this agreement but the IRS is under no requirement to recognize it.

    The issue of being behind on child support does not determine who is entitled to the dependency exemption unless the agreement referred to in (2) above says it does.

    If the noncustodial parent in this case claims the child, it should increase his refund (if he is getting a refund).  The refund will be withheld by the IRS due to the delinquent child support (at least it is supposed to be) so you may end up with the benefit of it anyway through the child support payment.
    • That is what I thought. Thank you :)
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