Legal Question in Tax Law in California
''Can a County Judge overrule IRS Tax Law?''
Five years ago, a Kern County ordered that my ex-husband get the tax write-off for our three minor children (now, 11, 14, and 16), because I had a pittance of an income at the time. Child support was lowered at that time, based on my ''Potential Income.''
The children are with me about 85% of the time (more than 51%, IRS Law), and I am now re-married and I own a business. Was it legal for the local judge to grant the tax write-off to the non-custodial parent? Never was the order specified ''state'' and/or ''federal.'' It has been suggested that the judge could rule on the state taxes but not on the Federal. Any insight? Thank you.
1 Answer from Attorneys
Re: ''Can a County Judge overrule IRS Tax Law?''
my recommendation would be to see the attorney who handled your divorce. There has been some changes in the law since the time of the decree.
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