@lizdmca wrote:
Curious NYS,
I have been going through this same issue, and came to your post telling Jemima to check her messages as you may have help for her. Could you please share that information with me if you still have it? I know it has been a few years and you may not even remember what information you had to help her in Family law court fighting the judges "right" to take a custodial parents right to file their child on their return. I am afraid of going to jail if I don't sign the court decree and document attached. Please help!
You are posting to an old discussion that started more than 5 years ago and now has more than 100 replies, comments and add-on posters. You should probably start a new discussion topic for your unique circumstances.
In general, a family law judge acting under state law can't override federal law on income taxes.
Let's review the situation where the court orders that spouse A can claim the child as a dependent, but spouse B is entitled under federal tax law. In order for spouse A to claim the child, they need a signed release from spouse B. If spouse B does not provide a signed release, spouse A can complain to the family court, but can't claim the child as a dependent on their tax return even if the order allows it (because federal law supersedes state court orders). The family court can issue various orders or penalties to spouse B, but spouse A has to go to court, they can't just claim the child on their tax return.
But you may want to start a new topic for your specific situation.
