Phoenix
Disclaimer:
I know this is off topic but if it doesn't relate to you, rather than calling me names, putting down my service or making some other snide comment like some felt empowered by doing on the thread I posted last week, just pass it on by and leave me alone. There's no need to prove that you're an asshole by putting down service you've never experienced and pumping up your false superego because you have no self-worth of your own. It just proves you're of weak mind and character and it help prove you're an idiot considering my reviews average almost a 9 in performance. 
Sirs and Ladies:
I have a girlfriend who has legal joint custody per her divorce agreement where her ex, who sees her daughter approximately a sum total of 1 month in the summer and every other holiday for 3 days, can write her off every other year on his taxes. He pays child support in the amount of $300 a month. She has informed me that as of this year, there is a new tax law that states that the primary supporter of the child (80% or more of the time) automatically gets the write off, however that it doesn't apply to her situation because of the divorce agreement stating that they trade years on writing her off.
Now my question is, does the federal tax law supercede the divorce decree? She said she spoke to H&R Block about it and they said that her divorce decree actually supercedes the federal tax law. I wonder if that is in fact true, or if the law would out-weigh the divorce agreement. Her ex husband doesn't even pay her the child support, rather he's in the military and the government apparently pays it according to her. I guess he's allotted two BAQ's. One for him and the other to pay my niece's child support, yet he writes off the child support each year.
If anyone can shed some light on this for me, it would be very much appreciated. I'm not sure I personally trust H&R Block being that my step brother at age 21 was working for them one year while still in college and they trained him briefly before setting him out to prepare people's taxes. If anyone has any more knowledge about this law and this issue, I would love to hear from you. .
Respectfully yours,
Megan
[email protected] if you prefer to email
This child is 10 and they have a divorce agreement and custody agreement whereby legally they have joint custody and have agreed to trade off years. In other words, for tax year 2005, it's her turn to claim the child and tax year 2006 will be her father's year. I just wondered if the Federal tax law supercedes the divorce and custody agreement with regard to who can claim the child since the child's mother provides far more than 80% of the child's needs, fiscally and otherwise. That was why I asked for an attorney. I'm sure the answer could be gotten by contacting the IRS as well, but since legal documents state OTHER than the federal tax law, I think it's a little bit too much of a gray area.
With regard to your situation, I'm not sure why anyone is claiming the kids, especially if they are working, being that they are over teh age of 18 unless it's because they are residing with you and do not work or contribute to the household. My parents stopped claiming me at 15 when I started working and started filing my own taxes, so I'm curious. I'm sorry for what your ex wife did regardless. I'll never understand women like that and I'm glad I've never been nor will I ever be a woman like that. I'd much rather make it completely on my own than have someone hand me a wad of cash and a house just because I married them and decided it didn't work. Women like that...needy and without self-respect or independence make me sick and it's why so many men are hesitant to commit to other women. Shame.
megan