Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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Will you still be able to claim your child as a dependent for 2009 and forward? Did you know that final regulations going into effect this year that allow the revocation of a child exemption granted to you in a previous year? Are you aware that beginning January 1, 2009 there is only one best way to ensure the tax deduction for your child remains valid going forward?
Is your retirement safe? Stephanie McCracken guest-hosts. In this episode Cordell & Cordell attorney, Milandria King, Esq, discusses the intersection where retirement benefits meet divorce litigation. If you're looking for innovative solutions to protect your assets, this is your show!
Question: I moved away from my wife and children on 15 December 2005. We have a court date of 21 Mar 2006. I have been paying child support since I left and she is still denying me contact with my children. She says it's in the best interest of the children. Is this allowable? I haven't talked to my kids in almost 2.5 months. Also, my wife filed our taxes. She was suppose to let me see them before filing them. She filed them without my reviewing them and now she's keeping the money until the court date. Is that legal? Answer: I cannot answer your question specifically to the laws of Georgia as I am not licensed to practice law in that State. Hopefully you had a lawyer present with you at court because it sounds like you need one. You need to get temporary orders in place for custody and support. Also with respect to the issue of the tax refund, so long as it is divided between the two of you or used to pay marital bills, the court will be ok with her keeping it short term.
Question: My ex-wife has retained an attorney to negotiate an increase in child support. While I understand the motivation for its increase, I believe that two factors should be taken into account. I should note that I've always provided child support, including during a 4-year period where I was the custodial parent. First, she has the potential to earn much more (nearly double) than what she has claimed on her last tax return. Although her current spouse's income from his own business (also her current employment) should not be taken into account, it is clear that it contributes to her not earning to her potential. Secondly, based solely on her income and mine (excluding current spouses), it is clear that I would benefit more from claiming the tax exemption for our child. She is willing to negotiate a child support amount based on her earning potential but unwilling to allow me to claim the exemption, even though I've offered to offset her increased tax liability. Her unwillingness seems to be either an emotional response or based on her filing status (married filing jointly - including her spouse's income) making the exemption value greater for her. My Question: Some of this has now become a matter of principle. If I were to pursue this into court, would I have a reasonable chance of making a case on both factors described above? Answer: I cannot answer your question specifically to the laws of CT as I am not licensed in that State. In my jurisdiction, it is assumed by the rules relating to the calculation of child support that the parent receiving support is getting the tax deductions on the children. This issue is negotiable between the parties, but if the matter is put to the court and the custodial parent has any income, they will receive the tax deduction. In my jurisdiction you are allowed to consider the income of the current spouse, but there is not a place to include the income in the form calculation. Many attorneys therefore believe that provision to consider the spousal income is meaningless. They are wrong. Your situation is exactly why such a law can be effective. I would argue that if your ex wife and her new spouse work for the same self employed business that they are in an equal partnership regardless how they decide to divide the company income for tax purposes. Therefore, I believe it would be a valid argument to take the total income and retain earnings (if applicable) and divide by two to arrive at her child support income. |
by Michael “Your Plan of A-Tax” Isenhart, E.A.