Tax deductions allowed for support order

[Mom4]

We are in the process of setting our child support and I am a little confused on how this amount is calculated. Husband's attorney states in the order (not yet entered): "Because support has been calculated to include maximizing husband's tax deductions, such as reductions for property taxes, mortgage interest and the like, he is allowed to maximize his tax refund." He is currently living with "the women" and they purchased a half million dollar home together 2 years ago. They each take the house deduction alternating years. I really don't understand how he can be allowed to adjust his deductions so his net income is less therefore paying me less each month. We were under unallocated support which has expired.This is giving me a substantial decrease in support. Is there a simple calculation used to adjust child support payments or can he be allowed to adjust his exemptions/deductions? Any advice would be most appreciated. Thanks!

 

[irish223]

We are in the process of setting our child support and I am a little confused on how this amount is calculated. Husband's attorney states in the order (not yet entered): "Because support has been calculated to include maximizing husband's tax deductions, such as reductions for property taxes, mortgage interest and the like, he is allowed to maximize his tax refund." He is currently living with "the women" and they purchased a half million dollar home together 2 years ago. They each take the house deduction alternating years. I really don't understand how he can be allowed to adjust his deductions so his net income is less therefore paying me less each month. We were under unallocated support which has expired.This is giving me a substantial decrease in support. Is there a simple calculation used to adjust child support payments or can he be allowed to adjust his exemptions/deductions? Any advice would be most appreciated. Thanks!

Don't agree to it. He isn't allowed to deduct mortgage interest and property taxes from his gross income for the calculation. The only exception I know is if the home is necessary to his business.

Generally, the allowable deductions are federal and state income taxes, health insurance premiums, union dues, other support obligations, mandatory retirement contributions, and a few other less common items.

Do you have a lawyer for this? If he persists, you'll need one.

Good luck

 

[Mom4]

I have an attorney, but he supports this agreement for some reason. I am in the process of seeking other counsel because I am not comfortable with this arrangement. I am not in a position financially to fight this in court, but I just want what is fair for my four children. I don't understand how he should be allowed to maximize his exemptions to benefit his refund. Thanks for your input...it is greatly appreciated!