I am not sure if i am being bullied or discriminated against but i am really starting to get ticked off!! My soon to be ex-husband's lawyer is trying to convince my lawyer to get me to allow him to claim 2 of our 4 children for income taxes, 50/50 joint legal custody, when I am clearly the "custodial parent" due to the "Tie Breaker Law". I make more money and pay child support but we have 50/50 joint legal. Ex's lawyer says that our judge is known to split the kids no matter what and place it in the divorce decree. This would make me have to fight at the Supreme Court level his decision. That is bull!!! Does the judge have the authority to make me abide by a split decision even if it doesn't abide by Federal Law? Am I really supposed to lie to the fed govt when i file my taxes?
Fear v. Rogers (207 Mich App 642) and Frain v. Frain (213 Mich App 500) both support a State Judge's ability to assign the Federal tax exemptions. It is very common for the Parties to "split" tax exemptions, so long as the payor of child support is current with their child support obligation. Respectfully, this may be a battle you don't want to fight, but your lawyer should know the tendencies of your assigned Judge. I wish you all the best of luck, and I hope you enjoy a nice weekend. Warmest regards, Matt Catchick.
You mention opposing counsel's opinion of the judge's expected ruling, but what is your attorney's experience with this judge? There are many factors that influence a judge's decision: property division, one parent paying other expenses for the child, etc. Your attorney knows all those factors and should provide you with a well reasoned opinion that takes into consideration experience with your assigned judge. Best wishes!
If you found my answer helpful or it was the best answer for you, please mark it. Thank you. This is intended as general legal advice and not intended to create an attorney/client relationship.
It is common for Judge's to order the exemptions split, but that threat is only leverage to get people to reach a settlement unless you are planning on trying a case in front of the Judge. As the other attorneys stated, you should rely on the experience of your attorney. The Judge does shave the authority to order the exemptions split and then your Judgment should contain language that states that each party will execute whatever IRS forms are required each year for proper execution of the Judgment.
This answer is intended to help you understand your legal options but I am not able to give legal advice to you unless I had all of the specific facts about your situation and we had an attorney/client relationship. An answer like this is no substitute for meeting face to face with an attorney and getting actual legal advice, which is what I recommend.
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