Carlton v. D'Alessandro

Opinion

MALLANO, J.

In this family law case, the husband sought to reduce spousal and child support in connection with a request for custody of one of the children of the marriage. The trial court granted the custody request but increased the husband’s support payments based on two factors.

First, the trial court assigned the husband a tax filing status of “married filing jointly.” In fact, the husband had remarried, and his tax filing status *1216was “married filing separately” because his new wife refused to file a joint return. Second, the trial court allocated a tax deduction to the husband based…