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You are here: Home / Archives for Divorce and Parenting

Attorney Andrea E. DeLaney Featured on Radio Entrepreneurs

Andrea E. DeLaney is an experienced family law attorney. Prior to joining Fields and Dennis LLP, she had her own practice, DeLaney Parker Law Offices, LLC, where she gained significant experience in the areas of family law and divorce, including child custody, child support, paternity, alimony and asset division. Her experience and compassion make her an ideal choice for dealing with sensitive family law cases. She is a member of the Massachusetts Bar Association Family Law Section, Norfolk Bar Association, North Shore Women Lawyers’ Association, and is on the membership committee of the Massachusetts Collaborative Law Council (MCLC).

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Filed Under: Divorce and Parenting, Postnup, Prenuptial

Child Tax Credit and Dependency Exemption: Will the New Law Affect You?

Article I wrote just published in Divorce Magazine….

———–

With the new Tax Cuts and Jobs Act of 2017 (TCJA), U.S. Congress made significant changes to the Child Tax Credit and dependency exemptions that will matter a lot to divorcing parents. The key takeaway: the Child Tax Credit follows whoever has the dependency exemption – so it still matters how the dependency exemption is allocated in divorce agreements. Further, to those who say that the TCJA eliminated the dependency exemption – this is not true.  It has been reduced to zero through 2025, but it has not been eliminated.

Child Tax Credit and Dependency Exemptions: Background

A little background first. The dependency exemption was $4,050 per “qualifying child” in 2017 – which meant that, to someone with a 35% effective tax rate, it was worth about $1,400. It was available to most taxpayers as it only began to phase out for single filers at adjusted gross incomes of $261,500.

Subject to a multiplicity of factors beyond the scope of this short article, the “qualifying child” was one who reached the age of majority according to the state in which the child is domiciled. Most states recognize 18 as the “age of majority” – which is the age at which state residents are legally considered adults. The age at which a minor child qualifies to become emancipated (meaning that the minor is no longer legally under their parents’ care, and that they will have all of the rights, responsibilities, and privileges of someone who has reached the age of majority) varies from state to state.

The primary custodial parent is entitled to claim the dependency exemption unless the parent agrees to release the exemption to the other parent by completing and filing Form 8332 with the IRS. Divorce agreements typically contain a provision as to how the dependency exemption is allocated.

The Child Tax Credit, as noted above, attached to whoever had the dependency exemption – and the TCJA doesn’t change this.  However, until TCJA, the Child Tax Credit ($1,000 per child in 2017) began to phase out for single filers at adjusted gross incomes of $75,000 – so many divorce lawyers who deal with higher net worth clients never really confronted it.

The Child Tax Credit is More Valuable Under the TCJA

The TCJA made the Child Tax Credit more valuable, doubling it to $2,000 per “qualifying child” and making it available to most taxpayers; it only begins to phase out for single filers at adjusted gross incomes of $200,000. And, unlike the dependency exemption, it’s a credit: that is, it applies dollar-for-dollar against any taxes owed. Even better, it’s a refundable credit of up to $1,400 per child. This means that if the amount of the credit is larger than the tax owed, then the taxpayer gets a cash refund for the difference (up to $1,400).

As with the dependency exemption, there are a host of factors beyond the scope here that define the “qualifying child.” For the most part, however, to be eligible for the Child Tax Credit, a child must be under 17 years old as of December 31 of the tax year in order for the Child Tax Credit to apply.

The bottom line: if you’re going through a divorce, make sure you and/or your lawyer have a good handle on how the new tax law has impacted this area. You don’t want to leave valuable dollars on the table.

Read article here.

Filed Under: Child Support, Divorce and Parenting, Divorce and Tax Planning

Removal of Children to Another Jurisdiction: What Every Parent Should Know

By Jonathan E. Fields, Esq.

When a parent wants to move with the child outside of Massachusetts, and the other parent does not consent to the removal, a complex legal analysis must be undertaken in order to determine the rights and responsibilities of the parents and the child.  If the parties cannot come to an agreement themselves, a Guardian Ad Litem (GAL), usually an attorney, is often appointed to investigate and report on the matter.  The parties might settle after the GAL report but, if not, each has a right to pursue the case to trial and have a judge decide the matter.

This article seeks to explain the law of removal – and to be of use to both parties and practitioners.

Read article here.

For all relevant Massachusetts cases on removal, go here and scroll down for “Removal.”

Filed Under: Divorce, Divorce and Parenting Tagged With: removal

Mother’s Day, Father’s Day, and Divorce: 5 Ways to Be a Hero By: Vicki Shemin, JD, LICSW, ACSW

Mother’s Day or Father’s Day can be challenging for divorced parents.  Here are 5 ways to be a hero and a role model for your kids – in spite of how you feel about your ex.

For many divorced parents, the last thing they feel like doing is investing time, money, and energy in putting care and thought into helping their children have a present for their ex on Mother’s Day/Father’s Day. As a clinical social worker and divorce attorney, I cannot emphasize strongly enough how important it is for you to make all best efforts to be a hero for your children by ensuring that your ex is celebrated on his/her special day (not to mention birthday).

Read the full article published in DivorceMagazine.com here:

Filed Under: Divorce, Divorce and Holidays, Divorce and Parenting, Firm News

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Recent Posts

Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

January 3, 2023

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly’s second most read article of the year. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people […]

Fields and Dennis LLP Fundraiser for K9s for Warriors

December 1, 2022

Over the years Fields and Dennis have been proud to sponsor an annual holiday fundraiser for K9s for Warriors. We will be holding another holiday fundraiser through the end of the year. K9s For Warriors is a program to reduce veteran suicide and help our warriors return to a life of dignity and independence. The […]

Here are 4 Ways Divorced Parents Can Make the Holidays Joyful for Their Children – Attorney Vicki L. Shemin’s Article Featured on Divorcemag.com

November 29, 2022

Just because you and your ex-spouse are no longer together doesn’t mean you can’t co-parent peacefully during the holiday season. There are many ways divorced parents can make the holidays memorable for their children. Read the full article on Divorcemag.com https://www.divorcemag.com/blog/here-are-4-ways-divorced-parents-can-make-the-holidays-joyful-for-their-children

Congratulations to Fields and Dennis LLP Firm members who were selected as Top Lawyers for 2022 by Boston Magazine

November 22, 2022

  Fields and Dennis LLP is proud to congratulate Sheryl Dennis, Vicki L. Shemin and Jonathan Fields on being selected as Top Lawyers for 2022 by Boston Magazine. The Boston Magazine Top Lawyers list is extensively peer-reviewed and curated to bring together the top quality attorneys in Boston, making it easier for anyone seeking an […]

Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

November 16, 2022

Attorney Sheryl Dennis was quoted in Massachusetts Lawyer Weekly this week. The article discusses the feasibility of remote work from the viewpoint of a number of major law firms in the Boston area. If you are in the office, you are much more invested in the firm and the people around you. It really is […]

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    • Sheryl J. Dennis Quoted in Second Most Read Article in Massachusetts Lawyers Weekly

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    • Sheryl J. Dennis Quoted in Massachusetts Lawyers Weekly

    The Boston metro family law, divorce and estate planning attorneys at the law firm of Fields and Dennis LLP are based in the Newton Wellesley area and serve the city of Newton: Auburndale, Chestnut Hill, Newton Centre, Newton Corner, Newton Upper Falls, Newton Lower Falls, Nonantum, Oak Hill, Waban and West Newton and town of Wellesley: Babson Park, Wellesley Hills, Wellesley Square Fields and Dennis also serves many clients in the Greater Boston and Massachusetts region including Ashland, Dover, Holliston, Medfield, Needham, Sherborn, Westwood, and all of Massachusetts. Attorney Jonathan Fields is a recognized authority on bitcoin and divorce

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