Legal Question in Family Law in Illinois

child support/ex wife and daughter live with ex's parents
My ex-wife and I got divorced three years ago. Since then, she and my daughter have been living with my ex wife's parents, who are literally millionaires. I know my ex doesn't pay any living expenses and that my daughter's grandparents pay for everything for my daughter. So basically, my ex is just pocketing the $700 I pay her in child support each month. Is there anything I can do about this?

It frustrates me because after I pay her, as well as my own living expenses, I don't have hardly any extra money to do things with my daughter when I do see her, which is every other weekend.

My ex won't even let me claim my daughter on my income taxes every other year because she says she bears all the ''day to day care'', yet whenever my daughter is over she talks about how her mom was in Las Vegas with her friends all week and she (my daughter) was home with her grandparents, or how grandma picks her up from school, not mommy. My ex also won't let me claim my daughter every other year on my taxes because she claims she pays the $1400 per month in private school tuition, but I'm no dummie...her parents are paying it, not her. I knew her and her family for over 10 years, I know how they operate.

Thanks for any/all advice.

Asked on 1/11/09, 8:58 pm

2 Answers from Attorneys

Motty Stone Law Offices of Motty Stone

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Re: child support/ex wife and daughter live with ex's parents

If you are paying child support, you should be able to claim your daughter for the a tax break every other year. As for the rich parents, I doubt you will have much success fighting. You might consider asking the money to be put in a college fund or some similar arrangement, but because your ex-wife's parents can technically drop her at any time the Court will probably not want to lock up the funds.

Answered on 1/12/09, 10:43 am

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