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Income
Taxes 101 - The Basics of Exemptions, Child Support and Spousal
Support
by
Shannon S. Kreitner
With a new year comes
the filing of income tax returns. As you open your W-2 from your
employer, you - like many going through a dissolution - may be
wondering how you should file your tax return, who is going to
claim the children as dependency exemptions and how to determine
whether the support payments should be deducted or included as
income.
The first thing to
know is that the answers to these questions are not necessarily
the same for everybody. The tips your friend or relative gave
you, as relayed by his or her accountant, may not be the best
course of action for you. Given the complexity of tax laws, it
is always a good idea to speak with a professional who can analyze
your situation and advise as to the best course of action.
Before you go in though,
it may be helpful to understand the basics of the issues that
you'll need to discuss. When deciding how to file, remember that
your filing status is determined by your marital status on the
last day of the calendar year. If still married, you and your
spouse must decide whether you will file your returns jointly
or separately.
If filing separate
returns, you must determine who will claim the children as dependents.
The general rule is that the primary custodial parent will take
the exemption, but that parent can release the exemption to the
other. In doing so, the custodial parent may lose certain benefits
such as the head of household filing status or the so-called "kiddie
tax rebate." Releasing the exemption will also impact the
calculation of guideline child support, which is done considering
the tax factors for each parent.
Another key issue
is whether support paid or received should be deducted from income
by the payor and included in the payee's income. The general rule
is that the payee's gross income does not include amount received
for child support, but does include money received for spousal
support/alimony. To be deemed spousal support, the payments must
meet the federal Internal Revenue Code's numerous requirements.
This requires, among other things, that the payment be made in
cash by or on behalf of a spouse under a written divorce or separation
agreement or decree.
The basics of how
your dissolution impacts your income taxes, and how your income
taxes impact your dissolution, are not only helpful at tax time.
Understanding these concepts also may contribute to informed decisions
that can ease and simplify your dissolution - making your education
a worthwhile investment.
For more information,
contact The Reape - Rickett Law Firm, at 661-288-1000, located
at 23929 West Valencia Boulevard, # 404 in Valencia.
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