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Child Support

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Nick123

Guest
What is the name of your state? New York
I am in the process of a divorce and am seperated from my husband. We both work. I am about to get child support and will pay the mortgage on our marital home that I will be staying in with my children with the condition that I give one-half of the mortgage interest and taxes to my husband when he files his income tax returns in the future and as long as his name is on the mortgage. We own the home jointly. It seems to me that the child support is being treated like a mortgage payment.
Can he require me to do this? I will be making the mortgage payment from the child support money. Would he win if this went to court?
Thank you
 


abezon

Senior Member
I doubt he'd win. He's essentially trying to turn child support (not deductible) into alimony (deductible). He has to pay the support & there's no way for him to trace the support money to the house payment. If he really wants to deduction, his child support should be increased to make up for the tax deductions you lose. This is a winning proposition for him if he's in a higher tax bracket; a wash if he's not.
 

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