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?
2 Answers from Attorneys
Re: Claim on taxes
Yes, she can take you to court. Whether she would succeed depends on the circumstances.
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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