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What is "tiebreaker status" in Oregon Family law?

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What is "tiebreaker status" in...
What is "tiebreaker status" in Oregon Family law?
Submitted: 11 months ago.Category: Family Law
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Answered in 8 minutes by:
9/16/2017
Family Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Family Law
Satisfied Customers: 1,491
Experience: Attorney at Law Offices of Rosenstein & Associates
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Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Family Lawyer: Roy Hadavi,
 replied 11 months ago

TIe-breaker is actually an IRS term. It is used to determine who may claim a child as a dependent.

  • When one of the caretakers of the child is the biological parent of the child, then that is the parent that may claim the child as a dependent.
  • When both are the biological parent, then the parent with which the child has resided for a longer time may claim the child as a dependent.
  • If the child has lived with both biological parents equally, then the parent with the greater adjusted gross income may claim the child as as a dependent.
  • The same adjusted gross income tie-breaker occurs, when the child has resided with both parents and neither is the biological parent.

This same rules may be applied to determining child custody in divorce proceedings.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 11 months ago
Ok I would appreciate your help
Family Lawyer: Roy Hadavi,
 replied 11 months ago

I don't understand your last post. Can you please clarify?

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Customer reply replied 11 months ago
Why did this come up in a custody disput involving parenting time and custody
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Because the IRS tie-breaker guidelines may be used in a custody dispute to determine who should receive custody. The rules are a guide, just as they are a guide in determine who may claim the child as a dependent.

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Customer reply replied 11 months ago
I still do not understand how an IRS payment would determine what is best for a child
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Let me clarify by changing the IRS rules to apply to custody:

  • When one of the caretakers of the child is the biological parent of the child, then that is the parent that will get custody.
  • When both caretakers are the biological parents, then the parent with which the child has resided for a longer time will get custody.
  • If the child has lived with both biological parents equally, then the parent with the greater adjusted gross income will get custody.
  • The same adjusted gross income tie-breaker occurs, when the child has resided with both parents and neither is the biological parent.

Does that make more sense?

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Customer reply replied 11 months ago
What do you mean by who had the greatest gross income adjustment?
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Whomever had the greater income. However, it requires taking the total gross income minus specific allowable deductions.

However, you can think of it, as the total income.

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Customer reply replied 11 months ago
if there is 50/50 custody and parenting time and the parents do not make equal income how does tie breaker play into this and how does the IRS deductions work?
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Do not worry about the IRS deductions, for these purposes. The IRS guidelines are simply the basis for the tie-breaker concept.

All things equal (two biological parents and the child spends an equal amount of time with both), the parent with the greater income will be granted custody.

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Customer reply replied 11 months ago
That is rediculous! I said there is 50/50 custody 50/50 parenting. Income should not determine custody! I am confused. Mothers would never get custody if that was the case.
Family Lawyer: Roy Hadavi,
 replied 11 months ago

I understand your frustration and the courts will take into account other matters, such as where the child's school is located, where the child's friends are located and other matters pertaining to the best location for the child to reside. However, all other things being equal, you have to acknowledge that money is certainly a factor in ensuring a child is taken care of.

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Customer reply replied 11 months ago
There are many things to take in consideration when deciding the best interest of a child.....money is just one and certainly not the most important. Family law is so uninformed about real family dynamics, child development, psychology, sociology, etc. It is all so frustrating to me and the children are the ones who suffer. I am a nurse and I have seen this first hand.
Family Lawyer: Roy Hadavi,
 replied 11 months ago

As I said, I completely understand your frustration.

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

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