Legal Question in Family Law in Tennessee

How can a judge override a state law

i have 51% custody of my 2 childeren. i keep them all the time, except on most weekends and x-husbands mother gets them. x-husband has seen them but only kept them over night 1 night since Jan. 1st this year. state law says he has to keep them 1/2 to claim on taxes. He claim 1 child for that year. my Question is how can he claim a child be don't keep? is this legal on taxes,because a judge says so?


Asked on 11/09/06, 9:29 am

1 Answer from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: How can a judge override a state law

If you keep the children much more than set out in the parenting plan the court made part of its final decree (or the last order addressing parenting), you can and should file a petition to take the case back to court to get a modification on child support and tax deduction issues. If the court refuses to change anything, you can appeal the decision to the court of appeals, but doing so will require you to have the right matters presented to the trial court and to have it done on the record and with t a court reporter present. This really is not a question of whether something is "legal" or not, but more a matter of whether you are going to put up with it without requiring a change. Contact the attorney who handled your divorce, or contact me thru my website at jestbeard.com if you would like to discuss your options further. Meanwhile, make sure you keep good records of when the children are with you as opposed to when they are with the father.

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Answered on 11/13/06, 8:05 am


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