 | 
03-22-2007, 08:33 PM
| | Junior Member | | Join Date: Mar 2007
Posts: 1
| | | I need advice!!!
What is the name of your state? New York
I was granted 450.00 a week in spousal support and 608.00 a week in child support in Family Court on a temporary order brought on an order to show cause because my (now) ex was making $182,000 a year and I was a stay at home mother.
In court, the judge modified the order because my ex requested to pay "all carrying charges" on the home he left d/t an order of protection if I would agree to take this and lower the child support to $450.00 per week.
Now that our divorce is final as of 03/07/07, he is claiming he should be allowed to claim all he has paid from 12/05 to 01/06 on the temporary court order above as "spousal support" to the IRS even though it is not referred to this, but carrying charges on the court order. Can he do this? |
03-22-2007, 08:52 PM
| | Senior Member | | Join Date: Nov 2005
Posts: 4,252
| | Quote:
Originally Posted by kammyaw  What is the name of your state? New York
I was granted 450.00 a week in spousal support and 608.00 a week in child support in Family Court on a temporary order brought on an order to show cause because my (now) ex was making $182,000 a year and I was a stay at home mother.
In court, the judge modified the order because my ex requested to pay "all carrying charges" on the home he left d/t an order of protection if I would agree to take this and lower the child support to $450.00 per week.
Now that our divorce is final as of 03/07/07, he is claiming he should be allowed to claim all he has paid from 12/05 to 01/06 on the temporary court order above as "spousal support" to the IRS even though it is not referred to this, but carrying charges on the court order. Can he do this? | When was the spousal support ordered?
When was the order modified? |
03-22-2007, 09:07 PM
| | Senior Member | | Join Date: Dec 2005 Location: Ohio
Posts: 31,823
| | | Those carrying costs are NOT spousal support.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.
Licensed to practice law in Ohio and a Guardian Ad Litem for children
|
03-23-2007, 08:54 AM
| | Senior Member | | Join Date: May 2004
Posts: 41,454
| | | I agree that carrying costs are not spousal support. However, I am a bit confused as to what happened. Is he still paying spousal support, or was the spousal support eliminated AND part of the child support reduced? If it was just the child support that was reduced, and he was still paying the spousal support then he has a tax deduction of 450.00 a week and you have taxable income of 450.00 a week.
However if the spousal support was also eliminated, then he has no tax deduction and you have no taxable income. |
03-23-2007, 11:43 AM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,775
| | Quote:
Originally Posted by kammyaw What is the name of your state? New York
I was granted 450.00 a week in spousal support and 608.00 a week in child support in Family Court on a temporary order brought on an order to show cause because my (now) ex was making $182,000 a year and I was a stay at home mother.
In court, the judge modified the order because my ex requested to pay "all carrying charges" on the home he left d/t an order of protection if I would agree to take this and lower the child support to $450.00 per week.
Now that our divorce is final as of 03/07/07, he is claiming he should be allowed to claim all he has paid from 12/05 to 01/06 on the temporary court order above as "spousal support" to the IRS even though it is not referred to this, but carrying charges on the court order. Can he do this? | What do you care? He's your X. Not your problem any more.
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
|
03-23-2007, 12:20 PM
| | Senior Member | | Join Date: May 2004
Posts: 41,454
| | Quote:
Originally Posted by Silverplum What do you care? He's your X. Not your problem any more. | It most certain IS her problem. When he deducts the spousal support from his taxes he will be identifying her as the payee. Which means that if she claims a lesser amount of spousal support as income, than he claims as a deduction, they will both end up being audited. That very much makes it her problem. |
03-23-2007, 12:27 PM
| | Senior Member | | Join Date: Jan 2005
Posts: 14,775
| | Quote:
Originally Posted by LdiJ It most certain IS her problem. When he deducts the spousal support from his taxes he will be identifying her as the payee. Which means that if she claims a lesser amount of spousal support as income, than he claims as a deduction, they will both end up being audited. That very much makes it her problem. | Okay.
But $10 says she's just trying to get him "in trouble." 
__________________
"Judges want people to be reasonable. Where one parent won't be reasonable, judges still want the other parent to remain reasonable." (Ford)
|
03-23-2007, 01:21 PM
| | Member | | Join Date: Jan 2007 Location: Arkansas
Posts: 308
| |
| |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread |  Linear Mode | | 
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts
HTML code is Off | | | |
All times are GMT -5. The time now is 12:22 PM.
