Legal Question in Family Law in Illinois
claiming child as dependent?
my boyfriend and his wife got divorced in Illinois 4 years ago. she has custody and he has visitation. he pays $326 every pay period in child support.
in their divorce, she did not want to let him claim their daughter on his taxes EVER, but he fought and fought and finally got her to agree that he could claim her every other year IF he was current on his child support payments. it also said that he is to pay for half ($1400/2 or $750 for his portion of her private school tuition) if financially feasable to him, to a school his ex wants her to go to, not him. therefore he has not been paying it because it is too much for him and he knows her parents pay the full $1400 every month and not his ex (she would just pocket the money).
well, he is current on the 20% of his income and has ALWAYS paid it, but she refuses to ''let'' him claim her as a dependent EVER because he isn't giving money for his daughter's school and because he only has her every other weekend and she ''bears her day to day care''.
can she do this, or is he legally entitled to claim his daughter every other year?
2 Answers from Attorneys
Re: claiming child as dependent?
If the decree says he can claim her every other year, then he normally can. Of course, I am not looking at the decree, so I cannot guarantee this.
Re: claiming child as dependent?
will answer this in other post
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