Legal Question in Family Law in Illinois

Claim on taxes

My ex wife and i divorced over 6 years ago and since then i have claimed all 3 of the children we have together. With out being able to see them i still pay my child support like im suppose to. She emailed me the other day and told me that now that she has a job she wants to claim 2 of the children on taxes. She says since i have another child with my present wife i should only get to claim one child. She told me that if i dont let her claim 2 of the children she is going to take me to court. Can she do that? and have a chance at winning?


Asked on 1/07/09, 2:24 am

2 Answers from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Claim on taxes

Yes, she can take you to court. Whether she would succeed depends on the circumstances.

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Answered on 1/11/09, 6:55 pm
John Steele Steele Law Firm

Re: Claim on taxes

She can take you to court. If you have a marital settlement agreement that covers the issue, then that document controls. If nothing is said, then the courts generally like to split it in half, assuming both parents contribute a they are supposed to by law.

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Answered on 1/08/09, 5:13 pm


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