• Welcome Guest
Family Law
Welcome to FindLaw Answers! Ask a Family Law legal question and let the FindLaw community help you find legal answers and information.

The Family Law forum is the place to ask questions on divorce and how to divorce; child custody questions, including child support enforcement; child adoption questions; and questions about separation agreements and alimony laws.

Get your Family Law questions answered by clicking the "Post New Question" button and then selecting the correct Family Law sub-topic for your legal question.

Before you post, please carefully read our Terms of Service, Privacy Policy, and Community Guidelines.
  • Ask a Question
    • Show discussions ...
  • Keep Reading
    • tax exemption
  • 78976
Question from hatehubby09Nov-3
I told my ex when I kicked him out to change his w4. He was still claiming 2. He didn't pay for his children for 5 months and 3 months of this year he will pay me only $105 a week for 3 children. He wants a tax exemption in the divorce decree for 2009 because he will owe the IRS. I agreed to giving him 1 child every year but not until the 2010 tax season if he got a job and paid real child support. He quit his job on purpose in order not to have to pay the $1315 he was originally ordered to pay. Will the magistrate award him one anyway? hatehubby09 in Hamilton County Ohio.
  • Answer this Question
Fallen Nov-3 78976.2
Not clear how you'd know what his W-4 says, but okay.  (I gather you mean you've gotten a gander at recent pay stubs, or whatever.)  Bottom line what he claims on his W-4 isn't your problem; all it will mean is that, in the end, he may owe the Tax Men more money than he would like/thinks.
 
"He didn't pay for his children for 5 months and 3 months of this year he will pay me only $105 a week for 3 children."

We can't know what practical effect this would have on his taxes. 
 
"He wants a tax exemption in the divorce decree for 2009 because he will owe the IRS."

What he wants isn't relevant; you're free not to agree, and he's free to ask the court to decide (many times, if the parents are equally supporting kids, the court will tell them to switch every other year who gets to claim the exemption).
 
"He quit his job on purpose in order not to have to pay the $1315 he was originally ordered to pay."

Just because he's unemployed or decided to quit his job doesn't mean the child support order just disappears, so you'll need to explain whether in fact the court decided to tell him that he doesn't have to pay the support (unlikely, but possible).
 
"Will the magistrate award him one anyway?"

We cannot know the answer to this, but I don't see why he'd be allowed a tax exemption when he isn't providing half the support or more for the kids.
Report Violation