Legal Question in Family Law in Michigan

Can Non Custodial Parent change tax filing status to lower support?

At the last referee hearing the support calculation shows

my ex-husband as filing MFJ and the tax calculations are

figured on his income as a single filer. This was not brought to my attention at the referee hearing -- but I downloaded the guidelines to check. I also noticed they

claimed a deduction for two minors under 17 I have one under and one at 17 and the deduction will not be allowed this year. My ex-husband was on disability from the first of this year until March 2lst. He filed a petition and they reduced my support substantially for 6 weeks while he

was drawing disability. He made $44,000 thru 11/28 this

included a bonus of 3% and a $600 Xmas bonus... My ex-husband claims that he was forced to change shifts reducing

his weekly income to $1047 from $1098 per week. Also we

have an uninsured orthodontic bill of which I've paid my

entire portion. I agree to let my ex pay the orthodontis

directly but want him to sign his own financial agreement so that he can not mess up my credit....I have a letter from the orthodontis stating that they will release me from

my obligation if my ex-husband signs his own agreement...he

is refusing to do so. Is there anything I can do?

What are the rules on these things


Asked on 12/14/04, 9:16 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Can Non Custodial Parent change tax filing status to lower support?

If the tax deduction is addressed in your judgment, it cannot be changed without court order. If the judgment is silent, the deduction generally goes to the custodial parent. File your taxes taking the deduction and then, simply let the IRS slam your ex. William S. Stern 248-353-9400

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Answered on 12/16/04, 9:13 am
Blake Lipman Law Office of Blake P. Lipman

Re: Can Non Custodial Parent change tax filing status to lower support?

The issues you raise are far to complicated to respond to in an e-mail. I would need additional info. For more info, please contact my office at (248)851-3171.

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Answered on 12/15/04, 10:55 am


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