Legal Question in Family Law in Massachusetts

Claiming Children on Tax Return
I pay $300/week for child support for my three children. The parent they live with claims to only make $200/week. We have three children. Am I able to claim any of them on my federal and state return? Can I request a modification after the divorce has been finalized by a judge? The divorce will be final in Feb. 2004 and I didn't receive notice to appear in court.

Also, the other party's lawyer is claiming that I can't make that change and he would sue me for a frivilous claim and make me pay lawyer fees. I have read the tax literature and know that I provide more than 50% of their support based on the money I pay and what the other parent claims to earn. Any guidance would be appreciated.

Asked on 2/02/04, 10:38 am

Barbara C. Johnson Law Office of Barbara C. Johnson

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Re: Claiming Children on Tax Return

If you call the payments alimony and not child support, you would benefit taxwise.

You could even pay her MORE, but Uncle Sam would be contributing a chunk.

Your higher payments would be decreased because of the tax savings.

She would pay taxes, but if she is getting more, her NET would be greater.

Who is your wife's counsel?

I am assuming you do NOT have counsel.

If, however, you do, then pass this by him/her.

Answered on 2/02/04, 4:18 pm

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