Legal Question in Family Law in Michigan
Minor Child Tax Deduction
Divorced in Nov 2002 as custodial parent with Joint Legal of my son. Father (who is a Patent Attorney) won a motion allowing him the tax deduction if I do not make $ 15,000/yr in April 2003. I was a stay at home mom for 5 years prior to the divorce with no job or income. I have earned 15K in the past 3 years in a row. Now I am remarried & the step father is financially sound however I feel I need to make $15,000 so that we can take advantage of the tax deductions since we are the ones who provide all the extras that my son was used to receiving. Is there anything I can do to get this order set aside so that I can be the mom that I was before and provide my son with the attention he needs. My husband would like for me to be that stay at home mom but I feel I owe him something for all that he does for us. We provide over 50% of my son's support & have my son for more than 67% of the time even though his father does pay child support of about $ 14,000 per year. Please help since I do not want to burden my husband with an attorney and more court time. My ex has taken me to court 9 times in the past 2 years for one thing or another since I remarried & he has lost each and every time. They do not care for each other.
1 Answer from Attorneys
Re: Minor Child Tax Deduction
Courts determine which parent should be entitled to the tax deduction based on the amount that each parent is paying towards the child's care and expenses. It sounds like you have a good argument to modify the court's order to allow you to claim your son as a deduction if you can prove you provide more than 50% of his monetary support. You would need to contact a family law attorney, or file a motion to modify the current order. Be prepared to demonstrate and present evidence to prove that you provide more than 50% of the support to your son. Simply because he may reside with you most of the time is not enough. You need to show the $$$$ involved.
Do not feel like you owe your current husband something for "letting" you stay at home - that is a job in itself and something that benefits him as well.
Good luck.
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