Legal Question in Family Law in Illinois

I am currently going through a divorce, so there is no actual divorce decree yet, what I am asking is am I able to claim both of my minor children and head of houshold since my children have been living with me for the last 13 months and I have received no child support from their father since we split. He also makes about 5 times per year what i make ( if that even matters), Thank you so much for your help, i submitted this question last week and did receive an answer( # 2PEwBK7wjm ) ( again, thank you ) but the answer said i would need to look @ my divorce decree which I do not have since as I said, I am still trying to get this divorce finalized. The reason I am asking is because mt husband and his attorney are trying to sue me for my tax refund. This money is like my "saving Grace" since I get no help with our children from him.......also I am going to court pro se , can't afford an attorney and take of my children on my own.

Thank you so very much!!

Jodi


Asked on 6/07/10, 9:34 am

1 Answer from Attorneys
Stephen Messutta

Depending on a few other things you may qualify for head of household, etc. but that is a tax matter. If the father/husband earns that much a court can potentially force him to pay for you to have an attorney, or at least help you out. A court can make interim orders as well. Without an attorney EVERY step of the way will be a problem for you -- check out a legal clinic -- at a nearby law school -- through a church affiliation -- bar association referral service. Doing this alone can lead to many many mistakes and this is no substitute for a cohesive legal strategy.

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Answered on 6/07/10, 2:42 pm


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