Family Law (Divorce, Family Relations)/Medical Expenses, Child Support and Dependency Exemption
My ex is required by our divorce agreement to pay 50% of all the kids medical expenses. I've submitted receipts to him throughout the year and he acknowledges them but hasn't paid any. According to our agreement, he can claim the kids as dependents on his tax return every other year only if his "ongoing child support obligation is paid in conformity with the order and provided he is not in default as of Dec. 31st". My question is does the fact that he is in default with the medical expenses qualify as a default for purposes of the exemption. I know I can file a motion with the court to collect the funds and plan to do so, but do I have to sign the form allowing him to claim the kids on his taxes when he's in default with the order regarding med. costs? He paid the arreages owed on his regular monthly support payments on Dec. 30th.
Hi Jaimie, considering that the non-payment of medical expenses subjects the non-payer to criminal contempt just as the non-payment of child support does it would be my opinion that you would not be required to execute the dependency exemption waiver under the circumstances you have described.
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