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Question. My wife had to split her 401k with me in our divorce

Customer Question

Question. My wife had to split her 401k with me in our divorce which is 150k last year which was i received this year. She was also ordered to pay spousal support for 2012. Please review the decree below. Can i use the 401k disbursement and spousal support i received last year towards the 50k requirement below in order to claim my daughter? See below please. i would appreciate any help on this. She has been all over me today about i can't claim the 401k disbursement and child support as income earned..see below decree.
Thanks
Bernard

it is ordered and decreed that mrs Hernandez shall receive both dependence exemptions for the minor children, except for the tax years that mr Hernandez makes 50,0000 per year or more. In the event Bernard Gabriel Hernandez does earn at least 50,000 per year or more. In the event Bernard Gabriel Hernandez shall receive the tax exemption for the minor child, emma and leslie mrs hernandez shall receive the tax exemption for the minor child, abigail. it is ordered and decreed that mrs hernandez shall execute the irs form 8332 and timely provide mr Hernandez with that form and any other required documentation allowing mr Hernandez with that form or any other required documentation allowing mr Hernandez the dependency exemption for all years he has an income of at least 50,000
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

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.

Customer: replied 1 year ago.
denton county, texas
boils down too that if the 401k disbursement to me which is 150k and child support of 14,000 counts as earned income to get the deduction. Leslie is saying the 401k disbursement and child support is not income earned to get the deduction.

Bernard is me. Leslie is my ex.

the deduction is below: Tax deduction of my daughter emma below

the deduction is it is ordered and decreed that Leslie Nolther Hernandez shall receive both dependence exemptions for the minor children, except for the tax years that Bernard Gabriel Hernandez makes 50,0000 per year or more. In the event Bernard Gabriel Hernandez does earn at least 50,000 per year or more. In the event Bernard Gabriel Hernandez shall receive the tax exemption for the minor child, emma XXXXX XXXXX and leslie nolther hernandez shall receive the tax exemption for the minor child, abigail elise hernandez. it is ordered and decreed that leslie nolther hernandez shall execute the irs form 8332 and timely provide Bernard Gabriel Hernandez with that form and any other required documentation allowing Bernard Gabreil Hernandez with that form or any other requireed documentation allowing Bernard Gabriel Hernandez the dependency exemption for all years he has an income of at least 50,000
Expert:  LawHelpNow replied 1 year ago.

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.


Take care,


Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 6 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

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 Bless
Bernard

Expert:  LawHelpNow replied 1 year ago.
Hello again Bernard,
Thanks for writing back..great to hear from you!
You are most welcome..my pleasure entirely!
Thank you for the kindness of your favorable rating! It makes my day to know that my answers have been helpful to you. I do thank you so much for taking the time to express your appreciation with such kind words.
Hang in there, I'm holding a good thought for you, and enjoy the rest of your weekend!
Best regards,
Ben, J.D.
Expert:  LawHelpNow replied 1 year ago.
Hello Bernard,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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