| Title: | Welcome to the Non-Custodial Parents Conference |
| Notice: | Please read 1.* before writing anything |
| Moderator: | MIASYS::HETRICK |
| Created: | Sun Feb 25 1990 |
| Last Modified: | Fri Jun 06 1997 |
| Last Successful Update: | Fri Jun 06 1997 |
| Number of topics: | 420 |
| Total number of notes: | 4370 |
Last year the Judge changed the support payments from alimony/support
to strictly child support. This was ordered in Oct..
Question: Does the fact that this was ordered late in the year still
count for the entire calendar year or does one get to still claim part
of the year as alimony?
thanks,
| T.R | Title | User | Personal Name | Date | Lines |
|---|---|---|---|---|---|
| 294.1 | AIMHI::RAUH | I survived the Cruel Spa | Mon Jan 10 1994 12:22 | 3 | |
-.1 who was the marital master/judge who ordered this?
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| 294.2 | re-.1 | GIAMEM::HOVEY | Mon Jan 10 1994 13:09 | 2 | |
Judge Walker in Mass.
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| 294.3 | AIMHI::RAUH | I survived the Cruel Spa | Mon Jan 10 1994 14:05 | 12 | |
Wish we could compile a list of bad attornies and judges like there is
a list of Deadbeat parents. Lawyers who have knownly corn-holed their
clinets. And judges who knowingly do the same. I know a marrital
master. Peter Borque, New Hampshire. Who gave a NCP mom, child
support. And she doesnt feed, dress, or care for the children in any
way shape or form. The ex is also married. I would normally term this
as Alimony, but, she is getting a child support and felt that this is
most unfair to the CP who is a male.
Such is life.
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| 294.4 | Another TAX related question | NSTG::SHEEHAN | Fri Jan 14 1994 10:50 | 35 | |
In our divorce case the master awarded joint physical and legal custody
which equates to 50% of our childrens time being spent with each parent.
He also dictated that each parent will claim 1 child as a dependant on
our respective Federal Tax Returns starting with Tax Year 1993. I am to
pay for medical and life insurance for both children as well as pay child
support of $250.00 per month. Prior to the final decision the child support
was $100.00 per week as declared in the temp orders with joint physical
custody.
Last year I filed as Head of Household and claimed both children as dependants
since I clearly qualified according to IRS regs as the Custodial Parent due
to the fact that I paid greater than 50% of our childrens support and housed
them for more than 1/2 the year. Although the ex tried to get the master to
order me to refile and claim only one of our children as a dependant in our
divorce hearing the master did not require me to refile apparently due to my
obvious qualification as Head of Household and Custodial Parent according to
IRS regulations.
Now my question is, does the masters decision for both parents to claim 1 child
as a dependant even though the IRS regulations clearly indicate that I am the
qualified Custodial Parent due to the 50/50 physical custody and my paying of
greater than 50% of our childrens support through child support and medical
insurance have to be upheld? Also our childrens primary residence is with me
and they attend school in the town where I live.
I asked my lawyer about this and he says the masters decision must be followed.
The IRS doesn't care about any decisions a Judge makes and only cares about
the tax payer adhering to their regulations.
Any help would be appreciated!
Thanks!
Neil....
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| 294.5 | CSC32::HADDOCK | Don't Tell My Achy-Breaky Back | Fri Jan 14 1994 11:11 | 9 | |
re .4 CONGRATULATIONS!!
It's been my experience with the IRS that they will adhere pretty
closely to the court orders unless you have a _real good_ case
not to. You'd better have an even better case if you have to
go explain to the judge why you aren't following his orders.
fred();
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