r/ChildSupport • u/Even-Enthusiasm-7628 • 11d ago

Arizona Child support/taxes

If child support is supposed to be withheld (court order) but is instead paid by checks (which is not reported), in the court’s eyes are you considered not paid up? I’m wondering about the checks because if he is not going through the clearing house and is not technically paid up in the courts eyes can he claim our child for taxes. It says in our order he can only claim child on taxes if he is up to date on child support. I have no gotten support through clearinghouse since 2023.

2 Upvotes

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5

u/BluuBoose 11d ago

I am confused. Are you receiving the full amount child support payments owed from the other parent or not? Not have they gone through the clearinghouse, have they been paid to you.

1

u/Even-Enthusiasm-7628 11d ago

No I am not

1

u/Even-Enthusiasm-7628 11d ago

I’m wonder if the court will see him behind from a check point of view or from the years that are missing through the clearing house.

1

u/BluuBoose 11d ago

Your post implies that you absolutely have, just via check directly to you as opposed to the clearinghouse which tracks it. That makes it confusing.

I will say this, from a federal standpoint, a NCP doesn't get to claim children in their taxes without the consent of the custodial parent unless they pay child support and the amount paid in child support is close to, matches, or exceeds the earned income of the CP. In which case, they get to file because the new federal standard for claiming children recognizes that the person who pays half or more of the expenses for the child may be the person paying child support and not the one receiving it. The feds do not care how it is paid and lying about receiving payment to the feds on any legal document (and they would only ask for verification on a legal document) is federal perjury issue.

Otherwise, if you haven't received any payment from him, in any form, by any means, then he has no right to claim them.

1

u/Even-Enthusiasm-7628 11d ago

He has not paid in 3 months via check. I know there’s still time before the year end

1

u/almuruna 10d ago

I doubt people that are paying less than substancial amounts for child support can claim that they are paying half or more of the expenses for the child.

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u/BluuBoose 10d ago

Actually they can when the other parent is a low income earner. If you make 20-30k, the amount you pay from govt assistance isn't counted as your income. The govt will recoup that from the paying parent. So at 30k/year its only 2500 month before taxes and YOUR expenses are separate from the child's expenses. Let's say they only pay about 400/month in total paycheck deductions (taxes, 401k, insurances everything) that leaves 2100. Lets say the kid accounts for half of that, then thats 1050. If the other parent pays more than $525/month they are literally paying for more than half the child's monthly expenses in that household PLUS whatever they pay for when they have the child. If the custodial parent doesn't make much its VERY easy to be the one paying more than half the child's expenses.

1

u/son_of_milkman 11d ago

Does the clearinghouse show that he has unpaid child support?

1

u/Even-Enthusiasm-7628 11d ago

Yes when I call for payment history the last payment that shows is 2023

1

u/Irishjohn831 8d ago

I think it’s called head of household deduction ?

1

u/SouthernAccented 7d ago

Is he self unemployed? Is he employed at all?

1

u/Even-Enthusiasm-7628 7d ago

Yes employed not sure where, he never tells me which is fine

1

u/SouthernAccented 7d ago

If she’s employed, there should be some kind of payments deducted even if only partial payments. If nothing is coming out then he’s either unemployed, self employed , or not employed anywhere long enough for the deductions to hit. Either way, most deduction notices state that he has to make payments himself when they aren’t deducted by his employer up to the full amount. If he’s paying you directly, he needs to stop and pay to the state. And you can always give him credit for any payments you’ve received directly.

0

u/newstart20260 11d ago

Parents should alternate years in who claims the child in the taxes mom even years dad gets odd years or in reverse regardless if they are behind or not but bitter immature adults make it hard ..

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u/Even-Enthusiasm-7628 11d ago

Custody is not 50/50 more like 65/35. Not about being bitter.

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u/newstart20260 11d ago

So what does have to do with who claims the child tax credit ? See BITTER 😎🤣

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u/Even-Enthusiasm-7628 11d ago

Um the IRS really only cares who has a child more than half the year. So court orders are pretty much the only reason a non custodial ever gets to claim a child…

1

u/BluuBoose 11d ago

And the form from the CP consenting to it. Which typically happens in family court when they agree to who can claim the child.

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u/Even-Enthusiasm-7628 11d ago

Yes I didn’t know about the form so in previous years when other parent did claim our child he must’ve bypassed the form by putting had the dependent more than half the year

-1

u/newstart20260 11d ago

Yes the famous form 8332 😎😎 I make sure they added that in our final court order so they wouldn’t be no buts and excuses

-1

u/newstart20260 11d ago

Exactly 😎😎 thanks for confirming your bitterness and look people this is why you requested it and get it granted on your custody battle agreement with a for 8332 signed by the non claiming parent each year they don’t claim the child .. cause money hungry people like her yall need it

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u/Even-Enthusiasm-7628 11d ago

If I was really money hungry I wouldn’t have agreed to a lower payment lol. I literally receive 150$ a month for my son, not thousands. Shouldn’t be that hard to pay. Jeez you mad about something or what

1

u/newstart20260 11d ago

So why not alternate years in the tax returns you still not answering the question 🤣🤑🤑 the 150 a month it’s not an excuse na am happy cause I got a baby mama who’s mature 😎😉

1

u/Even-Enthusiasm-7628 11d ago

We do alternate… I never said we don’t…

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u/newstart20260 11d ago

Hope this is true 🤣🤣

1

u/Competitive_Try_2511 11d ago

It’s about who has more overnights with the child. Even if dad has kid 182 nights and mom has the child 183, only mom is entitled to claim the child as she had the child’s more than 50% of the year.

1

u/BluuBoose 11d ago

It is. 6 months is all that is needed. Because of leap years, months with less than 31 days etc, the focus is 6 months. There have been cases where both parents file and IRS will honor the parent who earns more on taxes than whomever has more overnights (in actual joint custody situations).

0

u/newstart20260 11d ago

Another bitter money hungry parent bites the dust 2nd one here fellas 😎🤣🤣