Legal Question in Family Law in Maryland

Child Support & Tax deductions

I have 2 questions. 1) How do I go about possibly modifying my child support order, as my child support liability is MORE than my take home pay, and the ex-wife & her new husband live in a $300,000 dollar house while I can barely afford insurance on my '89 truck. 2) How do I go about getting both children as tax deductions, since I pay court ordered support for both of them? Currently, the ex only allows one child as a deduction for me. Since I have court ordered, and payroll deducted support, shouldn't I be entitled to both children as tax deductions? I also pay all health insurance for the 2 as well.


Asked on 6/13/05, 11:25 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Support & Tax deductions

To get a reduction, you must file a petition for modification of child support in the court which issued the original order. You must be able to show that there has been a significant change in circumstances since the original order was put into effect--such as a drop in your income or an increase in your ex's. By the way, $300000 doesn't buy much of a house in many parts of MD.

The IRS recognizes the custodial parent as having the right to claim exemptions for the children unless it is assigned to the noncustodial parent. I suspect your ex, having already allowed you to claim one of the children, isn't going to allow you to claim the other, since she presumably provides support for the children as well.

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Answered on 6/14/05, 7:58 am


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