Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Jennifer M. Paine

Michigan Divorce Lawyer

Your tax filing status, for most filers, is determined on December 31. If you were still married on that day, then you and your spouse can file a return with the status "married, filing jointly."

This is true even if your divorce began before the end of the year and even if you are living separately and have not relied upon each other’s income.

Question:

I have a tax modification question that deals with taxes and divorce.

Can I apply for and modify and tax exemption on my child so that I can claim my son as a dependent?

Question:

My divorce question is about claiming children for taxes when owing child support arrears.

Per my divorce decree, I am to claim our youngest daughter every year for taxes. Last year, she claimed our daughter stating she had the right to do so because I was in arrears with my child support, and she said she is planning on doing the same this year.

I warned her that what she is doing is in violation of our decree and probably tax fraud. Can she really do this if I owe back child support?

By Jennifer M. Paine

Mens Divorce Attorney, Cordell & Cordell

Ever feel like you cannot get out of the cycle of child support collection? You may have fallen behind and just got caught up – and then, wham!

Suddenly, you receive a notice for a tax refund intercept, a notice for a hearing to explain why you have an arrearage, an income withholding order that can take away up to 65% of your pay, a passport revocation letter, a boot on your car, or a combination of these things.

For many guys, this a cycle that keeps on going, and going, and going, until their children are grown adults, living out of home and having children of their own.

Child support collection becomes the task of a state worker with one goal in mind – to have you paying the state in interest and penalties, for years and even decades after your child support obligation terminates.

But is this fair?

Question:

My financial advice on divorce question deals with babysitter fees and tax consequences.

Per our child custody agreements, I am responsible for paying 55% of all babysitting fees my ex-wife incurs while she is at work.

I heard that my contribution of the babysitting costs are not tax deductible. Is that true?

Also, would my ex-wife be able to deduct the babysitting fees claiming the childcare is necessary for her to work even though my contribution is part of that childcare cost?