Legal Question in Family Law in Massachusetts

Taxes (income,home taxes)

My ex husband & I have been now divorced almost 5 yrs now. We have 3 children, which I am the custodial parent. He pays me child support. My support is supposedly $400. per wk. however he pays the Mortgage out of my child support therefore I rec a check for $360. every 2 wks. and I made the mistake of allowing him to claim all 3 kids at tax time. I now wk and would like to claim at least 1child. however it is in our divorce decree that he claim all 3 kids. Can I go back and revisit this in court? Do I stand a chance at getting at least 1 child? And with this new relief of taxes???not sure what it is called however i have been hearing that from friends about getting basically free money from the government this spring. Seeing as to I am the custodial parent do I get that or will my ex get it because he claims all 3 children at tax time??

Thank U for taking time and reading my questions.

Sincerely, Confused Mom


Asked on 3/02/08, 12:20 pm

1 Answer from Attorneys

Re: Taxes (income,home taxes)

If your separation agreement was not part of the decree and is an independent contract, you can't get the deduction changed. You can seek a modification of your child support assuming your husband's income or circumstances have materially changed, however your income will be included in any new calculation.

Your best solution is to see an attorney and take your divorce decree and your separation agreement to him for review and give him as many facts as are relevant such as your income, your husband's income at the time and to the best of your knowledge his income now.

Please feel free to contact me regarding your case.

Read more
Answered on 3/02/08, 1:07 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Massachusetts