I receive both spousal and child support; however, ex has stopped paying child support - there is a substantial balance due. Heard that you can deduct from your alimony what is owed in child support thereby lowering your income for tax purposes.
Is that accurate? Doesn't it catch up to you when ex has to pay the child support owed? Isn't that past due child support now income since it was deducted the past year?
The support payments should be applied to the child support obligation first. He may be seeking to apply the payments to alimony in order to get the tax deduction, which is completely inappropriate. You should file a motion immediately to enforce the support owed, compel the ex to file an amended return to declare the correct amount of alimony paid, issue a warrant for his arrest for nonpayment of support , etc. An experienced family law attorney would be able to help you. Many offer free consultations.
Child support is independent of alimony. If you are not getting child support file a motion to enforce litigant's rights. Go on New Jersey Courts on Line under family division you will find all the forms required,
Are the alimony and child support payments differentiated? How do you know he is behind in child support vs alimony? I would think that the IRS would take the position that any support payments would be apportioned between the 2, in proportion to the obligations. I doubt the payor's designation would be dispositive.
I've never heard of any such ability. Provided that the two obligations are separate, you could certainly file to enforce his child support obligation and seek counsel fees for having to do so.
There is a recent New Jersey case, in which the court concluded that when someone owes both alimony and child support and makes a partial payment, that payment should be applied to satisfy the child support owed before it will be applied to the alimony owed.
A good lawyer will need more facts from you, in order to give you the proper guidance. I recommend that you contact a lawyer who devotes his or her entire practice to divorce and other family law matters.
First, make a motion to have all of his payments made through Probation and/or Wage Garnishment. You have a right to that, and he cannot object. At least you'll have Probation stay on top of him and he will remain under fear of arrest if his arrears get too high. Second, please keep in mind that these two payments are support to be separate at least on the records. It is true that alimony payments are tax deductible to him, but that is absolutely no legal reason to unilaterally shift payment from one to the other. In short, he cannot do this and you must take him to court if he continues.
