Frederick Leroy McGee, Jr. - Page 4




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          The custody order provided a detailed schedule of placement that            
          was to operate on 2-week intervals.  The custody order granted              
          physical placement of the children with petitioner for 3 days in            
          the first week and 4 days in the second week.  Ms. Brittingham              
          was granted physical placement of the children for 4 days in the            
          first week and 3 days in the second week.  This 2-week placement            
          schedule was to be maintained as long as the custody order was in           
          effect.  Additionally, the custody order provided that neither              
          petitioner nor Ms. Brittingham would seek child support payments            
          from the other.  The custody order was silent as to which parent            
          could claim dependency exemptions for Federal income tax                    
          purposes.                                                                   
               Petitioner lived in and maintained the family home after the           
          divorce.  Petitioner and Ms. Brittingham reached an agreement at            
          the time of the divorce whereby Ms. Brittingham deeded her                  
          interest in the family home to petitioner.1                                 
               Petitioner began to experience financial difficulties in               
          1997.  He claimed that the divorce had detrimental effects on his           
          credit.  Petitioner stopped making mortgage payments on the                 
          family home at the end of 1996 or in early 1997.  The family home           
          was foreclosed upon in August or September of 1998.  After                  
          relinquishing the family home to foreclosure, petitioner was                


               1    It cannot be determined from the record if the                    
          agreement was a part of or incorporated into the divorce decree.            




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