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Hello Bernard,Could you please confirm a couple of points for me:(1) What is the state jurisdiction in question?(2) Am I understanding correctly, that the dispute basically boils down to whether or not the $50,000 in spousal support constitutes "earned income" for the purpose of taking the deduction?(3) Also, I think there may be some language missing when you typed: "In the event Bernard Gabriel Hernandez does earn at least 50,000 per year or more." In other words, in that event (that you do earn at least that much money), what does the decree say will or will not happen?Thanks!Ben, J.D.
Hello again Bernard,
My name isXXXXX'm a licensed attorney (State Bar of Texas). Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Accordingly, it brings me no pleasure to share the following information with you. I will speak candidly rather than doing you the disservice of lying or misleading you. I didn't enact the law, and personally I often disagree with it, but nevertheless we're all stuck with it. I just won't do you the disservice of lying or misleading you.
So, here's the truth. The legal definition of "earned income" for such purposes excludes both child support and the retirement account distribution. In other words, while I hate to say so, your former spouse is indeed correct in this regard. I would love to say otherwise, but that would be a lie, pursuant to 42 USC § 1382a.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Thanks for your help last night. The facts suck but it rare you find a lawyer that is truthfull and helpful. My case you helped me on was a 3 year case that is still hauting me. Divorce fallows every aspect of your life from the tooth paste to the house. I don't know how you family law guys do it.God BlessBernard
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