Legal Question in Family Law in Illinois
Child Support/Tas Refunds
I'm a single mother and custoidal parent to my son who is 2. He lives with me full-time and has since birth. We reside in Illinois and his father resides in the state of Florida. A judge ruled last year that my sons father could claim him every other year on his taxes. Is there any way I can fight this and get this overturned? I take care of him full-time and his medical comes out of my check. I don't see how this can be justified just because he pays the 20% that he is required to by the state of Illinois to pay for chlid support. I'm the one that will incur any uncovered expenses or extra expsenses for my son. Please help.. I need to know what my option are. I can't even afford to live on my own. I live with my parents and can't even afford to live out on our own. It's my time that gets used when he's sick and my parents as well.. Again, please help. I really would like to know what I can do.
2 Answers from Attorneys
Re: Child Support/Tas Refunds
The largest issue I see is that a judge declared the father to be able to claim him as recently as last year. So you will have to show a change in financial circumstances. The court will ask you, "What has changed so that the ruling last year is no longer equitable (fair)? If there is something, or if the judge last year did not have all the facts, then something can be done. Why don't you think about what possible things could be brought to the court's attention and email me back.
Re: Child Support/Tas Refunds
You have to decide how important this is to you. If it is important, you need a lawyer to straighten it out. He should be paying something for these extras.
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