Lorenz v. Lorenz
Decision Date | 14 March 1988 |
Docket Number | Docket No. 91336 |
Parties | Jack LORENZ, Plaintiff-Appellant, v. Paulette LORENZ, Defendant-Appellee. 166 Mich.App. 58, 419 N.W.2d 770, 61 A.F.T.R.2d 88-576, 56 U.S.L.W. 2587, 88-1 USTC P 9273 |
Court | Court of Appeal of Michigan — District of US |
[166 MICHAPP 59] Frank M. Carrozza, Muskegon, for plaintiff-appellant.
Fielstra, Flynn, Reider, Wierengo & Brown, P.C. by Darrel G. Brown, Muskegon, for defendant-appellee.
Before WEAVER, P.J., and KELLY and KIRWAN, * JJ.
Plaintiff, Jack Lorenz, appeals as of right the March 12, 1986, order of the Muskegon Circuit Court, denying his motion to amend the judgment of divorce. We remand for further findings by the trial court consistent with this opinion.
Plaintiff and defendant, Paulette Lorenz, have [166 MICHAPP 60] two children: Melissia, born May 12, 1978, and Branden, born August 15, 1980. The March 31, 1983, judgment of divorce awarded defendant the physical custody of the two children and ordered plaintiff to pay support of $12.50 per week per child. Subsequently, on March 6, 1985, an amendment to the judgment of divorce was entered increasing the support payments to $62.50 per week per child.
In his motion to amend the judgment of divorce, filed on January 31, 1986, plaintiff states that he was informed by defendant that she intended to claim the two minor children as dependents for federal income tax purposes. Consequently, plaintiff brought his motion, asking the trial court to order defendant to sign and send whatever papers were necessary to the Internal Revenue Service, so that plaintiff could claim the children as dependents for income tax purposes. Plaintiff subsequently amended his motion to seek the alternative relief of a reduction in support payments in the event that he could no longer claim the children as dependents.
In response to plaintiff's request for the court to order defendant to file the necessary papers with the IRS so that plaintiff could take the dependency exemptions for the minor children, the trial court stated:
This Court has previously held that a state court has the power to determine which parent is entitled to a dependency exemption. Westerhof v. Westerhof, 137 Mich.App. 97, 108; 357 N.W.2d 820 (1984). However, at that time what was being interpreted was the 1967 amendment to the support test for children of divorced parents, 26 U.S.C. Sec. 152(e). Subsequent to Westerhof, the Tax Reform Act of 1984 amended 26 U.S.C. Sec. 152(e) and provided that a custodial parent gets the exemption unless it is expressly waived in writing for the particular tax year in question. Stickradt v. Stickradt, 156 Mich.App. 141, 143, 401 N.W.2d 256 (1986). This amendment divested state courts of jurisdiction over which party could take the exemptions. Id. at 144, 401 N.W.2d 256. 1 Therefore, the trial court did not err in denying the first basis for defendant's motion to amend the judgment of divorce.
However, plaintiff also presented an alternative theory to justify amending the divorce judgment. Plaintiff argued that support payments should be reduced in light of the fact that two federal income tax exemptions would no longer be available to plaintiff. When asked if the trial court would entertain his motion to reduce his support payments in light of the fact that his taxes would [166 MICHAPP 62] increase with the loss of the exemptions, thereby reducing his net income, the trial court responded:
The statement is plain wrong. It appears to be a device to avoid the issue.
Wells v. Wells, 144 Mich.App. 722, 733-734; 375 N.W.2d 800 (1985).
In plaintiff's amended motion, plaintiff requested a modification of his child support payments because of his reduced net income due to the fact that he could no longer claim the federal tax exemptions for his two minor children. On this claim, it is unclear from the transcript of the hearing and the order of the court that the trial court recognized the discretion it had to modify the support order due to plaintiff's changed financial status. For this reason, we remand this case to the trial court for a determination by the trial court of the impact of the new IRS custodial parent rule, 26 U.S.C. Sec. 152(e), on the ability of plaintiff to pay the current rate of child support and whether or not the impact of this change in the federal tax law should be reflected by a consequent modification[166 MICHAPP 63] of the amount of child support required to be paid by plaintiff. 2
Reversed and remanded.
I disagree with the majority and would affirm the decision of the trial court on both issues.
Although the majority is correct in holding that the amendment of 26 U.S.C. Sec. 152(e) by the Tax Reform Act of 1984 divested state courts of jurisdiction to award federal income tax exemptions in their discretion, I believe that the majority has wrongly decided the second...
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