dear zkrause:
Warning on App. V Tax Considerations. First, it doesn't work very well. My interpretation is that if the parents alternate, everybody goes home. However, you have the right idea that you should be reimbursed because Mother is getting a tax break from the 13 year old but you could take better advantage of that tax break.
Your immediate problem is that the damage is done, presumably through a court order or an agreement of the parties. Generally speaking, the Court will not allow only a change based on 1 factor such as the tax issue but will want to look at everything such as current ages of children.
However, right now the 17 year old no longer qualifies for the child tax credit which is worth $1,000.00 a year. Be patient and let that child get a little bit older until only the 13 year old is left on your child support. Then either go to court or otherwise demand that either you get the 13 year old's personal exemption and child tax credit or Mother pays you the child support penalty set out in Appendix V of the Guidelines. The good news is that the Guidelines penalty if she doesn't give you these tax considerations is based on your loss in not having them times your percentage of child support income to the combined child support income. For example, if you are in the 25% federal income tax bracket, the child's exemption is worth $329.17/month times 25% or $82.29/month. Throw in the child tax credit of $83.33/month/child and your tax loss is $82.29 plus $83.33 or $165.62. If your income is 4 times as much as her, then multiply the $165.62 by 80.00% and you get a $132.50 reduction on your child support IF SHE KEEPS THE PERSONAL EXEMPTION AND CHILD TAX CREDIT and all by following the Guidelines (and ignoring the Kansas income taxes).
There are 2 problems. First, your child support should be reduced by 1/2 when the 17 year old falls off the child support requirement. However, the Guidelines are so constructed that a new child support worksheet going from a 2 child family to a 1 child family reduces child support by about 65% rather than 50%.
Second, what do you do when Mother says that you get the child's tax considerations. First, congratulations and second, how much more child support will you have to pay her because you are saving $165.62 in taxes? The Guidelines are silent about that.
djmlaw
is based on your.. However, you ahve. because
