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Dixon & Moseley | Attorneys At Law
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
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The Attorneys at Dixon & Moseley, P.C.

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  5. New Federal Tax Reform and Its Impact on Divorce/Paternity

New Federal Tax Reform and Its Impact on Divorce/Paternity

On Behalf of Dixon & Moseley, P.C. | Jan 11, 2018 | Divorce, Paternity

The Tax Man Cometh – And He Taketh Away: Good or Bad?

In most divorce cases, there are tax considerations, such a dependent exemptions. This is sometimes a key concern in divorce cases. As part of the much anticipated tax reform, our financial partners are providing the meaning and impact upon divorcing parties, divorced parties, and paternity cases. This is the focus of this blog post.

The first major change analyzed in this blog is the elimination of the dependent exemption. After years of fighting over the right to claim the child(ren) as a dependant and receive the tax benefit of same, this exemption has been deleted. Over the years the Indiana Child Support Guidelines have provided the factors for the courts to consider in determining who should claim the child(ren).

Many divorce and paternity agreements were made taking into account the tax benefit a parent would receive; and with one stroke of the pen, the benefit has been deleted. This will not likely lead to a basis for child support modification, but in certain circumstances, it may have an impact on future agreements and payment of extra expenses, such as extra-curricular fees, and other non-essential items, such as providing cell phone and service to a child.

The second major change is that the Child Tax Credit has been doubled and is now $2,000 per child. The child tax credit has never been transferable between the parties, so this does not impact the parties’ positions as much as the loss of the dependent exemption. Going along with the Child Tax Credit is the income phase-out, which begins at $200,000 and tops out at $240,000 for a Single/Head of Household. There is no tax benefit for taxpayers who earn more than $240,000 per year.

The third and final reform addressed in this blog that impacts divorcing parties is the change to the ability of a spouse to deduct maintenance payments from their income and for the recipient of maintenance to be taxed upon same as income. The benefit is that the recipient of maintenance is typically in a lower tax bracket and thus an enticement for payment through maintenance for the higher income earner. This does not become effective until January 1, 2019.

It seems as though there has been a carve-out of the reform for maintenance agreements that are in place prior to December 31, 2018. These agreements that are currently in place will effectively be “grandfathered in” and those agreements will continue to be taxed to the payee and tax deductible by the payor.

This blog post is written by attorneys at Dixon & Moseley, P.C., with credit given to Jason Llewellyn with Holistic Financial Partners for his succinct (tentative) explanation of the tax reform. The attorney’s at Dixon & Moseley, P.C. frequently consult with and utilize CPAs and other financial advisors to assist with complex marital estate matters and the tax impact upon divorcing parties considering the division of assets. This blogs’ purpose is educational in nature to explain the complex factual background and decisions that may be considered in talking with counsel and your tax professional in a domestic context. As a general rule, a potential party with a child-related matter should meet with family law counsel and have a tax consult before any filing with the Court.

Dixon & Moseley, P.C. handles complex financial and custody and parenting time cases in family law matters throughout the State of Indiana. This blog is not intended to be legal advice, nor tax advice, or a solicitation for services. It is an advertisement.

What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)

On Behalf of Dixon & Moseley, P.C. | Aug 5, 2026 | Firm News

An Indiana appellate lawyer's guide to determining whether a trial court order can be appealed and when appellate review may be available. Quick Answer: What Orders Can Be Appealed in Indiana? Not every unfavorable court ruling can be appealed immediately. In Indiana,...

How Many Days Do You Have to Appeal in Indiana? (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

Failure to Object: When Is an Issue Waived?

On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

How to Preserve Error for Appeal in Indiana

On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

Can a mother legally deny parenting time to an unmarried father?

On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

What Happens to the House in an Indiana Divorce?

On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

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Recent Posts

  • What Orders Can Be Appealed in Indiana? A Guide to Final Judgments, Interlocutory Appeals, and Appellate Rights (2026)
  • How Many Days Do You Have to Appeal in Indiana? (2026)
  • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
  • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
  • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

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