Family court judge override IRS??

Family court judge override IRS??

Posted in the Charleston Forum

tell me

Charleston, WV

#1 May 16, 2013
Can a Family Court Judge give permission to claim a dependent even if the dependent (child) doesn't live with them 182 days?
divorced

Charleston, WV

#2 May 17, 2013
Yes....the IRS guidelines state their rules apply only if there is no court order stating otherwise. Courts often allow parents to alternate claiming the child or even allow the non custodial parent to claim the child because they are typically posting child support & there's supporting the child. Sometimes the non custodial parent is providing more financial support than the custodial parent...especially if the custodial parent isn't employed.

The family court judges order is the final authority.
1 post removed
divorced

Charleston, WV

#4 May 18, 2013
If the parent doesn't sign the paper, they can be held in contempt of court. The point is the 182 rule DOES NOT over ride a judge's order. If you don't cooperate with the order, they'll be consequences.
1 post removed
divorced

Ashburn, VA

#6 May 18, 2013
It doesn't matter if the IRS accepts the order as proof for filing or not. The judge is basically ordering you to sign the form and give them permission. You disobey his order you are in contempt. If you claim the kid anyway, the IRS will accept it, but your ex can take you to court and you will owe the ex that money plus interest. The IRS code doesn't "override" a judge's order, they are simply not getting involved in the debate. They don't accept the order as proof....that doesn't mean it isn't valid...it very much is. But the IRS has no way of knowing if what you're sending them is the most current order & therefore the active order. It could have been overturned for all they know. That's why they want the form for each tax filing. The IRS code has zero jurisdiction in family law and zero bearing on the judges order. You are reading their policy, I'm telling you what the law is. Ask an attorney & he will tell you I am 1000% right.
If there is no order, then the 182 rule applies. It DOES NOT nullify an existing, active court order! The IRS won't come after you, but your ex damn sure can....with the easiest contempt case ever.
1 post removed
wondering

Wilmington, OH

#8 May 18, 2013
Only the custodial parent may claim the dependent care credit. Usually, only the custodial parent may claim the EITC, because the child must meet the residency test for qualifying child, that is, the child must live with the parent for more than six months of the year except for temporary absences.

For all divorces final after December 31, 2008, the IRS is no longer accepting a copy of a divorce decree to show who has the right to claim the dependency exemption. You must file Form 8332 or a substantially similar statement with the return or, if you file electronically, with Form 8453.

If the divorce decree was dated before January 1, 2009, the IRS may accept certain pages of the divorce decree as a substitute for a Form 8332, if the decree unconditionally provides that the noncustodial parent may take the exemption for a child, the custodial parent signs the decree, and the decree otherwise conforms to the substance of Form 8332.
divorced

Ashburn, VA

#9 May 18, 2013
The IRS does not accept a copy of your divorce anymore, period. I divorced in 2001.

I have a friend who alternates years with her ex claiming their children, per the divorce order. On his year to claim, he asked her to sign the form, per the IRS requirements. The judge told her quite clearly if she did not sign the form, he would find her in contempt & give him the right to claim them every year.

They may not be able to claim earned income credit, but they can claim the exemption. In this case, neither parent would have qualified for either thing you listed anyway.
1 post removed
karie

Minnetonka, MN

#11 Feb 16, 2014
does the form 8332 need to be signed each year to be vaid?
Fed up

Charleston, WV

#12 Feb 20, 2014
Let me guess the judge is Mike Kelly
Confused

Toledo, OH

#13 Mar 13, 2014
Will a state court order a custodial parent to sign form 8332 if they went against court orders in the agreement and claimed the children anyways. Will this person be held in contempt? They are telling us they have the right even though we have the court order to claim the kids every year.
1 post removed
Stressed

Los Angeles, CA

#15 Jul 21, 2014
In 2008, I went to family court with my child's father and we were given 50/50 custody. We got back together, however, in 2012 child protective services took our child due to child abuse allegation by the father. My child became a dependent of the court and placed in foster care until I completed domestic violence class, therapy, and other classes the Dependency a Court ordered. I was given full custody of my child. Her father failed to do any of the classes and Dependecy a Court terminated any reunification assistance for him. After months of hearings, he was granted 8 hours a week monitored visits with his daughter. He has made no attempt to see my child for 8 months. Now he has gone to family court to get 50/50 custody again. Does a Family Court in CALIFORNIA overrule the final court orders from Dependency Court?
1 post removed

Since: Dec 15

United States

#17 Jan 22, 2016
divorced wrote:
It doesn't matter if the IRS accepts the order as proof for filing or not. The judge is basically ordering you to sign the form and give them permission. You disobey his order you are in contempt. If you claim the kid anyway, the IRS will accept it, but your ex can take you to court and you will owe the ex that money plus interest. The IRS code doesn't "override" a judge's order, they are simply not getting involved in the debate. They don't accept the order as proof....that doesn't mean it isn't valid...it very much is. But the IRS has no way of knowing if what you're sending them is the most current order & therefore the active order. It could have been overturned for all they know. That's why they want the form for each tax filing. The IRS code has zero jurisdiction in family law and zero bearing on the judges order. You are reading their policy, I'm telling you what the law is. Ask an attorney & he will tell you I am 1000% right.
If there is no order, then the 182 rule applies. It DOES NOT nullify an existing, active court order! The IRS won't come after you, but your ex damn sure can....with the easiest contempt case ever.
This is BULL the federal laws on everything else supersede state law and I think someone here has just been corrupted by the systematic and don't know it because IRS says IT DON'T!!!!!
1 post removed
Frustrated stepmom

Tampa, FL

#19 Aug 19, 2016
I have a question about this topic. My husband was granted full custody but the other way he could get full custody is if he let the other parent alternate the children. One year one would claim 2 and the other 1. Now in the questioning that they ask online for filing taxes.. They ask: have the children been living with you for the majority of the year. Does that mean we have to lie to the irs and still give her access to one child's credit just for being their mother even if she NEVER sees them or provides for them? In the court agreement it also says no child support because both parents equally share expeses... Which she also hasn't held up. If nothing is being followed by the non custodial parent in regards to money and time sharing.. Should she still be able to bank in on taxes..???

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