Law Offices Of Greg Enos

Galveston divorce lawyer | Galveston divorce attorney | Child custody lawyers Galveston

281-333-3030

Divorce and Child Custody

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Taxes & Divorce

A man and a woman while married can either file their federal income tax returns as “married filing jointly” or “married filing separately.”  For the year of the divorce, the IRS determines filing status as of December 31.  So, if a couple is divorced on December 15, they must file a single for that entire year because they were divorced as of December 31.

Generally, transfers of property related to a divorce are not taxable.  Division of retirement accounts into separate retirement accounts in a divorce are not taxable events.  If a husband has an IRA in his name and his wife is awarded 40% of the IRA, then her share is rolled over into a new IRA in the wife’s name and neither owes income taxes because of that division of the IRA account.  If the ex-wife withdraws funds from her new IRA, then she would owe taxes.

Payment of child support has no effect on income taxes.  Child support paid is not deductible and child support received is not considered income.  However, alimony (“spousal maintenance” in Texas) can be deductible to the person who pays the alimony and taxable income for the person who receives the alimony.

Income tax liability can sometimes be a family’s biggest debt and greatly effect a divorce.  Each spouse in a divorce should consult an accountant for tax advice and completely inform his or her divorce attorney about any tax problems.  Usually, spouses are both liable for any income taxes that are due and incurred during a marriage.  However, in some situations, a husband or wife may qualify for “innocent spouse relief.”

Click here to see the current IRS publication 971 on Innocent Spouse Relief.

A state divorce judge or order cannot change federal law on income taxes. However, the parties can agree to matters that effect income taxes, such as the dependency exemption for children.

Click here to see the current IRS publication 504 on Divorced or Separated Individuals.

The Enos Law Firm, PC17207 Feather Craft Lane
Webster, Texas 77598
TEL: 281-333-3030

Click Here for a MapMajor credit cards accepted.
Mediation services available.
We represent clients throughout the greater Houston Galveston area, including: Houston, Clear Lake, NASA, Webster, Friendswood, Seabrook, League City, Galveston, Texas City, Dickinson, La Porte, La Marque, Clear Lake Shores, Bacliff, Kemah, Pasadena, Baytown, Deer Park, Pearland, Alvin, Angleton, Harris County, Brazoria County and Galveston County, Texas.

When you need a Galveston Divorce attorney call The Enos Law Firm, PC.

Attorney Greg Enos

Attorney Greg Enos, has 33+ years of legal experience and is Board Certified in Family Law by the Texas Board of Legal Specialization. The Enos Law Firm handles divorce, adoption and child custody cases in Harris County (Houston), Galveston, and Brazoria County, Texas. Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos is very involved in local politics and charities and he is a former Bar Association President. Enos speaks at legal seminars on family law educating attorneys and judges and he publishes legal directories and a legal newspaper that are widely used and read by Houston area attorneys and courts. Enos is a respected leader of the legal profession working to improve family courts.

Call 281-333-3030 to schedule a confidential consultation. Phone appointments are available for prospective clients who live in other cities or countries or are traveling for business.

The office of The Enos Law Firm is in Webster, Texas, in the Clear Lake area between Houston and Galveston.
Click Here for a map

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    17207 Feather Craft Lane, Webster, Texas 77598

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