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I have a question on signing of a child to allow my ex to claim child as a dependant.

In our orders it is written that if ex is "current on child support", he can claim one of our two children as a dependant. My question is whether or not the clause of him needing to pay 1/2 of all medical bills is considered "child support"

Year after year he fails to reimberse me 1/2 of all medical bills from the kids which it says he must do within 30 days. Yet at tax time he always wants me to sign the form allowing him to claim a child on his taxes. Every year we have the very same discussion and I tell him not until he pays what is owed. he ussually comes across with it, except last year. Last year he asked if he could pay me 1/2 of what he owed and then the other half after he gets his return. I did, but he never paid me the other half.
I compiled a list of all the bills (which I give him regularly throughout the year anyways) and I included the balance of last years amount he owes along with the one week of actual child supprot he owes me (he switched jobs and was behind in weekly support) I want to file now and not wait around for him to come up with the money. Can I go ahead and claim both kids?
And if I do, will he still owe me the 1/2 of the medical bills or does me claiming both kids dissolve him of his debt to me?

He's not far enough behind in child support to deny him the exemption.

I think you'll find that while courts order a proportionate reimbursement of medical expenses, there is not a way to include those variable amounts as part of the support itself. To collect medical expenses, you need to file a contempt motion.

I think you should go ahead and allow him his exemption. Meanwhile write him a final letter of demand for the outstanding copays (send it certified mail), and if once again he fails to comply, then go ahead and file the contempt motion. Maybe to avoid the embarrassment and hassles of court, he'll finally come up with what he owes.

I'd agree with HevnMaidMe in that you should just allow him the exemption and send the firm letter.

As far as what he currently owes and filing a motion, if it were me I'd have to sit down and do a cost analysis on whether or not to go ahead and file. If you are using an attorney you'll want to make sure that the costs of taking the action don't outweigh what you are going to wind up with in the end.

[size:11pt] If I were you sissysis, I'd NOT allow him to claim the exemption. I would claim the kids all to myself and THEN if he were to raise a stink, I'd say (and I'd do this VERBALLY); "You owe me 2 years worth of medical bills which total $XX.xx. When you pay me what you owe me I'll let you claim the kid." Is it wrong, yes. But he'd have a hard time convincing a judge to find ME in contempt-'cause I'd claim total ignorance! "But your honor, he said I could because he owed me all that money which he did not have to pay me back". ;) Just a thought-I can be wicked like that.[/size]