Hagerstown, MD asked in Family Law and Tax Law for Maryland

Q: Can I take child tax credit for daughter who lives with me full time 10 months a year in MD? MI judge denied request.

13 year old daughter lives with me in Maryland 10 months a year full time. Michigan denied me taking child tax credit for 3 years because I tool ex's 2019 year for filing. Judge "said" this in court hearing in October 2020 but there's no written order or judge's signature. Doesn't federal tax law trump state's court orders? How do I proceed?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: You risk being held in contempt of court, fined, paying your ex wife’s attorneys fees, reimbursing her for the credit, incurring your own legal fees and costs traveling back for court, and jail. But if the principle is worth that much to you, feel free to thumb your nose at the judge. I cannot recommend that route, however. The legal way you challenge a court order is by an appeal or a motion to reconsider, supported by legal argument and citations to legal authorities that support your position. I would guess that would cost you more in attorneys fees than the credit is worth

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