Q: What is the standard procedure for calculating credits in a divorce and what is the meaning behind it?
On appeal, my ex-husband gained credits for The upkeep of the home while he lived there and I was gone. The judge’s order also states that property tax brackets be applied to the IRA accounts. Initially, the master only took into consideration the wife’s IRA , but erroneously gave the tax credit for it to the husband.
The husband thinks that he should be getting credit for his IRA, but that the wife should not be getting credit for hers. (The order says that the proper tax brackets with an “S”should be applied to the IRA accounts, with an “S.”) Husband feels that the appeal has come up with this solution of only he receiving a credit for his IRA because they want to make it fair – to him the 60/40 split was unfair , so he feels they are giving more to him with the credits to even things out.
Thank you!!!!
A: I'm sorry but this is a very fact specific question which would require far more detailed knowledge of your case. I have to assume that you have an attorney representing you. She/he is the one you should be asking about this. If you don't have an attorney representing you, then grab your file and consult with an experienced family law attorney. It sounds like the husband has filed an appeal to Superior Court. If so, you're going to want to have an attorney with some appellate experience representing you.
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