Waylon D. Ary - Page 4




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               (1) Insofar as spousal support was concerned, the Iowa State           
          court did not award alimony to either party, apparently because             
          both parties were employed and earning approximately the same               
          hourly wage.                                                                
               (2) Insofar as custody was concerned, the Iowa State court             
          granted the parties joint legal custody of their three minor                
          children; however, the Iowa State court awarded Ms. Ary primary             
          physical custody of the children, subject to reasonable and                 
          liberal visitation rights by petitioner.                                    
               (3) Insofar as child support was concerned, the Iowa State             
          court ordered petitioner to pay a total of $648.38 per month for            
          the support of the parties’ three children.                                 
               Finally, the Iowa State court’s decree included the                    
          following provision dealing with tax deductions for dependency              
          exemptions:                                                                 
                    Tax Dependency:  For the purpose of income tax, if                
               [petitioner] is current on his support obligation under                
               this Decree as of December 31 of any year beginning                    
               with the 1997 tax year, [petitioner] is entitled to                    
               claim the two youngest children as dependents for                      
               income tax purposes * * * .                                            
               For 1998, the taxable year in issue, Ms. Ary had physical              
          custody of Corey and Danan for more than half of the year.                  
               For 1998, petitioner timely paid his child support                     
          obligation through payroll withholding by his employer for each             
          of the months of that year.                                                 







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