Have a Question?

Visit our Q&A page and Get Answers.


44 Cook Street, Suite 100

Denver, CO 80206

Can Ex Claim Child on Taxes if Behind on Child Support?

My ex an I have been divorced since Jan 2008, On the divorce decree it states that he can claim our oldest son (he’s 9)and I can claim our youngest. If he is behind on his child support, can he still claim the oldest child? I ask because they revised the CRS 14-10-115 May 2008, and it says it on the revised form, but our divorce was final in Jan 08 and doesn’t have that part in it.

No, if your ex-husband is not current on his child support on December 31st of any given year, he is not entitled to take the tax dependency exemption. C.R.S. 14-10-115(12) states in relevant part that “A parent shall not be entitled to claim a child as a dependent if he or she has not paid all court-ordered child support for that year”.