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Dear Carolyn,

I am a mother with primary custody of a nine-year-old daughter. The father has visitation. For Christmas, he bought our daughter a smartphone for Christmas, but he did not discuss this with me. He had spyware on the smartphone that allowed him to see her opening the Christmas present.  I thought that he disengaged the spyware after she opened the present, but I just found out that the spyware is still engaged on my daughter’s phone. This smartphone allows him to track everywhere we go.  He told our daughter to be sure to keep the phone with her, particularly when she is with Mommy. His spying makes me feel eerie. We are divorced, so why does he want to know where I am? What should I do?

Carolyn Answers…

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Dear Carolyn,

It is tax time.  I am divorced and have two children.  I pay $2000 per month in child support, and my ex (the mother) doesn’t even work.  She will not give me the dependency exemptions for the children.  The judge didn’t give them to me either.  They live with her and I visit every other weekend and half the holidays.  I am paying for the children, so why can’t I have the tax benefit?

Perturbed

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Jessica Bullock, J.D.
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Whether you are a working parent or stay-at-home mom or dad, each role comes with a huge set of responsibilities. Being a family lawyer, I can only offer one perspective centered around achieving that work/family balance everyone always talks about. I’m not sure the perfect balance exists and have quickly learned that for me, it’s more of a day by day approach, kind of like March Madness – survive and advance. Below are some of the things I’ve learned along the way. Continue reading →

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Dear Carolyn,

Prom is coming up, and my daughter is a senior.  I want her to have a nice dress for prom, but her father will not help pay for the dress.  I receive $622 per month child support pursuant to a child support order, and our daughter lives mostly with me.  Can I make him pay for at least part of the prom dress?  What can I do?  These dresses are expensive.

Prom Dress Poor

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Forget it!

Forget about the alimony deduction for all new decrees or instruments post-2019. (See Part I for modification of pre-2019 alimony orders and agreement, as modification has a separate set of rules.) The deduction is gone absent a congressional miracle. That means on December 31, 2018, or before you must have alimony that qualifies under IRC Section 71 before it is repealed. The alimony must meet the terms of Section 71, pre-TCJA and pre-2019, which are as follows: Continue reading →

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Previously, we examined the paragraph and subparagraphs defining “divorce or separation instruments.” Now let’s take a look at which sections of TCJA incorporate these subparagraphs.

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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The repeal of the alimony tax sections for the inclusion of income and deduction has an ancillary impact on other divorce tax issues. The effective date for all ancillary issues discussed in this article is December 31, 2018, the same as the alimony repeal. These December 31, 2018, changes shall be referred to herein as “post-2018” changes. Continue reading →

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Joshua Chilton, Legal Assistant
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The United States, as a whole, has only allowed same-sex marriage for just over two and a half years. It is law that same-sex couples have the right to marry in the United States of America, but there are some who still struggle with the question of what exactly that entails. Certainly, same-sex couples can be married now, but are they afforded the same rights as heteronormative marriages? Continue reading →