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Dewbrew v. Dewbrew

Court of Appeals of Indiana

849 N.E.2d 636 (2006)

Relevant factsFree

The Dewbrews' divorce decree stated neither party owed formal child support but required Herbert (defendant) to pay Tina (plaintiff) $3,000 monthly in alimony for five years, understood by both to actually consist of $1,000 in true alimony and $2,000 functioning as child support; Tina challenged this structure because alimony's tax treatment as her taxable income reduced the amount her children actually received, and the trial court denied her motion to alter the decree.

IssueFree

Whether it is improper to lump a child-support award into an alimony award so that it becomes taxable income for the receiving parent.

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