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I have been married 13 years...he left over a year ago....we have 4 children together. ..he was the one with a job always...

Bronx, NY |
Filed under: Divorce

I took him to court for spousal and child support. However. .I have been informed I would have to pay taxes on my spousal support..can I claim my kids....he never takes them overnight and only sees them when he wants. ..can I claim all my babies or would I get in trouble. ..

Attorney Answers 6

Posted

That depends upon the wording of your settlement agreement or judgment of divorce.

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Asker

Posted

There was nothing addressed about this matter at all....I just went for spousal and child support...she said what he had to pay and thats it..taxes were never discussed. ..we are still legally married...however..he is having another child.

Posted

Yes. You can claim them on your taxes. You do have to pay income tax on maintenance.

Good luck.

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Posted

You can claim them.

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Posted

Yes, the spousal support is generally considered taxable income to you (not the child support, however). In any event, IRS regulations provide that the custodial parent (that parent with whom the child(ren) reside with the majority of the time) gets to claim the child(ren) on his/her tax return. And this is irrespective of who pays support. In any event, for a full assessment of your situation, you're best advised to schedule a consultation with a Bronx Divorce attorney.

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Brad S. Margolis

Brad S. Margolis

Posted

i WOULD ALSO SUGGEST YOU CONTACT A CPA OR TAX ADVISER AS TO THE ISSUE OF IRS REGULATION. brad s. margolis,esq.

Posted

If your judgment of divorce or settlement agreement has some directive as to how to handle this issue then you should abide by that. If nothing governs than you can take the kids as dependents unless (and this is according to the IRS) he pays for more than 50 percent of their support, in which case she would be able to take them as dependents. This is a very rare situation where the non custodial parent can make that claim, however it has been known to happen.

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Posted

You must pay taxes on maintenance you receive, typicall every quarter since no one is deducting it from a salary/earnings. You can claim your children since it sounds as if there is no agreement and he abandoned you and no visitation schedule. You can claim all your children on taxes so long as he cannot show that he pays over 50% of their total support.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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