Legal Question in Family Law in Illinois

My divorce decree states that I may claim my younger child as a dependent for tax purposes and my ex-husband can claim the older the child. He is now collecting social security disability benefits and no longer provides any financial support for either children. He went to court to have his child support obligation nullified since the children are receiving dependent benefits from social security. I would like to know if I can file something in court allowing me to claim both my children as dependents on my taxes. If so, can this be done without ammending the original decree. I know that he did not have to ammend it to stop paying child support. My ex and I do not have any contact with eachother of any kind so we would not be able to both agree to this together. Thanks for your help


Asked on 1/26/10, 3:19 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

He did amend it when he sought to modify support. You can file a motion seeking the right to claim both children.

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Answered on 1/31/10, 6:09 pm


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