Legal Question in Family Law in New York

Divorce-IRS exemptions

I am just getting to signing our divorce. The Judge ordered each o us to claim 1 child for taxes. I objected because they will live with me 2/3rds of the time. Under law and IRS guidelines a child must live with you for over 50% of the time for you to claim them. I advised him of the federal guidelines. He pretty much as said too bad.

How does he have the right or ability to supercede federal laws?


Asked on 7/05/07, 2:48 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Divorce-IRS exemptions

I believe the IRS will defer in this instance to the court's judgment with the reasoning that the code is intended to provide structure. The code is neither a law passed by Congress nor a federal court order; so there is not conflict here.

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Answered on 7/05/07, 3:00 pm


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