[GV70]

We have spoken to the IRS. They have said that LEGALLY speaking, they check to see who has the child most of the time.

Mwhaha-it makes me laugh!
IRS is not autorized to investigate IRS must follow the federal and the state law.If there is a court order where it is said X is a primary custodial parent,IRS can do nothing.
There is no law where it is stated “Who has the largest adjusted income he will get a dependency exemption.”

So, maybe you should get all the facts before you start judging someone in my situation with what YOU think or believe is the case. You're not even close.

If someone told me that she was able to drive along with a speed 5,000 mph with her Chevy ,I do not need to know the car in every detail.:p

[ScottGem]

We have spoken to the IRS. They have said that LEGALLY speaking, they check to see who has the child most of the time.

The IRS recently released new rules on this issue. A discussion of those rules can be found here:
New IRS Regulations May Affect Your Right To Claim Your Child

Nothing is said about AGI and I don't believe that is a factor. The only factor is the "counting nights" rule. As the article noted, this has to be re-established annually.

The IRS will not investigate this. The first return filed will get the deduction unless challenged. In such a case, the claiming parties will need to bring their proofs and the more credible proofs will be granted the deduction.

You also have go understand that what you think is best for the child is not necessarily what a court will see has best. The courts have to adhere to the letter and spirit of the law. And that's all that matters to the courts. And that's what GV is trying to tell you.

[GV70]

You also have go understand that what you think is best for the child is not necessarily what a court will see has best. The courts have to adhere to the letter and spirit of the law. And that's all that matters to the courts. And that's what GV is trying to tell you.

EXACTLY!!!
Let me give you an example:
A Dad is in possession of his child every day/ from Monday to Sunday/from 7am to 9pm.It is 98 hours per week.98/24=4.08
How it will be referred to as the “counting nights rule”? As ZERO!

Yes, right now my husband has joint legal custody and the mother has primary physical custody.

his son's mother has primary physical custody because she states he LIVES with her.

the judge pretty much laughed her out of court …but the judge gave us the right to claim him every other year.

We have spoken to the IRS. They have said that LEGALLY speaking, they check to see who has the child most of the time. If it cannot be proven, then they go by the parent who has the largest AGI in the household.

No comment:cool:

[mummydaze]

Well if that is the case then I guess both the person who I spoke to with the IRS AND the judge are both wrong and should have gotten their facts straight before giving out wrong information.

I'm going from what is told to us, so I guess I'm not sure who to believe at this point, and maybe it's just safe not to ask questions and just go with que sera, sera. Thanks for the info anyway.

[mummydaze]

Since you seem to know what you're talking about, what is the law regarding school selection then? If they have joint legal, both have a right to decide what to do with their child, correct? OR am I wrong? Since the mother has primary physical, does that mean that she has the right to put their child in whatever school wherever she wants and whenever she wants, or does she and the father have to be in agreement because they have joint legal? This question has been pretty mind boggling for us, because the judge (who apparently doesn't know what she's talking about) said that both parents have to be in agreement... whats your take on this?

[ScottGem]

Joint legal usually means an equal decision as to schooling. If they can't agree they may need to go back to mediation.

[mummydaze]

So as far as joint decision schooling goes, what would happen if the primary custodian just placed their child in a school without discussing the details with the non primary? Like if she just decided to put him in a school and not get the father's consent?

[GV70]

This question has been pretty mind boggling for us, because the judge (who apparently doesnt know what she's talking about) said that both parents have to be in agreement...whats your take on this?

Give me the Court,date and the docket number and I will engage that a judge who does not follow the federal law will be reported to the state's bar.Even in joint physical custody it is a sort of abuse of discretion to give perpetual rights to one party only.
The Professional Regulation Department of the VSB will be happy to see how a judge rules against the federal law.
I can check it easy. I have access to all cases in the USA since 1995 and to all main cases before 1995.


You cannot convince me of that: the judge gave her primary physical custody because she stated he lived with her and that the judge gave you the right to claim him as dependent because your husband were the primary physical custodian because he lived with him and it was done after an investigation of IRS.And even more-IRS is not interested in the legal standing but is interested in who has the largest adjusted income.
/Read your posts carefully/

Oh, and I have three children now, and plan on homeschooling all my kids. My eldest is my stepson, .

Think legally-you have two!Or maybe the judge said you were the true mother?
Thus I assume you hate that woman and it is your main motive.You want to play "mother" to her child.
I would accept a post which begins with "I am writing in behalf of my husband", and I pay no respect to people who put in their info WAZOO


Again-I do not believe in your entire story and I think I wasted my time.

[ScottGem]

So as far as joint decision schooling goes, what would happen if the primary custodian just placed their child in a school without discussing the details with the non primary? Like if she just decided to put him in a school and not get the father's consent?

Then the NCP would be able to take this back to the court and protest that he was not allowed to exercise his rights.

What you seem to be missing here is that the law conveys certain rights AND responsibilities on both parents when they have split. But the court does not sit and watch what happens. If there is an issue with one parent not allowing the other their rights, then the other needs to go to the court for redress.

[mummydaze]

Then the NCP would be able to take this back to the court and protest that he was not allowed to exercise his rights.

What you seem to be missing here is that the law conveys certain rights AND responsibilities on both parents when they have split. But the court does not sit and watch what happens. If there is an issue with one parent not allowing the other their rights, then the other needs to go to the court for redress.

Thank you for answering the question. I just wanted to make sure that I knew the facts when it came to the joint legal rights of both parents.

[mummydaze]

Give me the Court,date and the docket number and I will engage that a judge who does not follow the federal law will be reported to the state's bar.Even in joint physical custody it is a sort of abuse of discretion to give perpetual rights to one party only.
The Professional Regulation Department of the VSB will be happy to see how a judge rules against the federal law.
I can check it easy. I have access to all cases in the USA since 1995 and to all main cases before 1995.


You cannot convince me of that: the judge gave her primary physical custody because she stated he lived with her and that the judge gave you the right to claim him as dependent because your husband were the primary physical custodian because he lived with him and it was done after an investigation of IRS.And even more-IRS is not interested in the legal standing but is interested in who has the largest adjusted income.
/Read your posts carefully/

Think legally-you have two!Or maybe the judge said you were the true mother?
Thus I assume you hate that woman and it is your main motive.You want to play "mother" to her child.
I would accept a post which begins with "I am writing in behalf of my husband", and I pay no respect to people who put in their info WAZOO


Again-I do not believe in your entire story and I think I wasted my time.

The judge didn't give one parent full rights to claim, she gave them both the right to trade every other year to claim for taxes.

Secondly, my stepson is 3. He's not in school yet, and I DO homeschool our kids, and that includes him when he's with us. Not necessarily bookwork because they're young, but I DO abcs and numbers and shapes and colours with them both. My youngest is not old enough for that yet, but when he is, I will be doing the same with him. Homeschooling means schooling at home. I didn't ask for your opinion, and you don't know me or the situation, I was just asking for LEGAL ADVICE which is what this forum is for, is it not? SO that being said, I don't need YOU to give me your OPINION about the situation, I was asking for your legal advice. Honestly, whether you believe me or not means nothing to me, because I know the truth and I haven't lied about anything I've written here.
I don't hate the mother, I would just much prefer my husband's son to be in a home where he's loved and cared about 100% and not used against the other parent as she does ALL the time. Apparently you favour the mothers' sides, because if you didn't you wouldn't be giving an opinion of that sort on a legal forum.

So if you're going to answer any LEGAL questions I post, please make sure it's a legal answer not an opinionated one. Thanks.

[ScottGem]

Please do not presume to dictate who may answer your questions or how. As long as a response does not violate the rules of this site, then its valid. If you don't like the advice given you can ignore it. If you think it violates the rules, report it. But sometimes it is necessary to include more then cites of the law when answering a legal question.

[JudyKayTee]

Teaching children their ABC's and home schooling are two very different things.

After reading through (and I have not been part of this) I am beginning to question the whole scenario based on some inconsistencies - and, of course, OP's attitude.

If the argument is over who has the child the majority of the time in NY an IRS (tax) ruling is meaningless when custody/visitation are involved. Family Court cares nothing about what IRS determines.

[this8384]

Judy, you know what's even crazier? Read what I've put in bold below:

Yes, right now my husband has joint legal custody and the mother has primary physical custody. Technically if it goes by time, my stepson actually LIVES with us because he's with us more. But of course, oh no he really lives with her because that's what it states in the court order. By the court order, we are only supposed to get him every other Wed between 3-5pm-Sunday at 5. I dont think that has EVER happened. WHich is fine with me, because honestly I'd rather he be with us the majority of the time because they smoke in their house and we always get him back reaking of smoke. In fact, I had to actually smell a pair of his shoes to see which ones were his moms because we have the same pair for him at our house, and theirs still smelled of smoke after a week of having him in our smoke free home.

There is someone else on this site who "just happens" to also be from Virginia, who "just happens" to also have a three-year-old stepson, who "just happens" to also have a habit of smelling shoes to determine which pair are Daddy's and which pair are Mommy's:
https://www.askmehelpdesk.com/family...ml#post2486054

[GV70]

J also have a habit of smelling shoes to determine which pair are Daddy's and which pair are Mommy's:

I am carried away by the idea to assign writing a legal essay as homework to my students.The topic will be:
"Is it possible to get sole custody if you smell to high heaven shoes":):):)

[Kitkat22]

I am carried away by the idea to assign writing a legal essay as homework to my students.The topic will be:
"Is it possible to get sole custody if you smell to high heaven shoes":):):)

:D... I like to see that:eek:

[JudyKayTee]

I am carried away by the idea to assign writing a legal essay as homework to my students.The topic will be:
"Is it possible to get sole custody if you smell to high heaven shoes":):):)

And you KNOW one of your students will post the question here and we'll all scramble to say we don't do homework.

This is a classic post - 10 points out of 10. No, 11 out of 10.

[this8384]

I am carried away by the idea to assign writing a legal essay as homework to my students.The topic will be:
"Is it possible to get sole custody if you smell to high heaven shoes":):):)

Does anyone else get the pun?

"SOLE custody....SHOES"

... I need more sleep :D :D :D