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May the Court Consider Tax Issues.

The court is allowed to consider tax issues both in setting spousal maintenance and in dividing the property. The goal here is to be more fair by including taxes in the list of expenses both parties will have.

However, the parties' lawyers must present a calculation of the tax impact of any situation or proposed division to the judge. Judges are not allowed to adjust for tax impact unless a lawyer presents a proposed tax calculation to the judge.

The tax issues that arise most frequently are:

• Tax that would be paid if securities or mutual funds were sold.
• The deductibility of alimony to the payer and inclusion in income of the recipient.
• The non-deductibility of child support and non-inclusion in income of the recipient.
• The income tax exemption for a child, which sometimes may be given to either parent.

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