Legal Question in Family Law in Illinois
I got divorce a year ago last August. We have three kids, nineteen, sixteen and seven. We share custody and there was no child support for either. All expenses for kids was suppose to be split. I get to claim oldest two on taxes and she our youngest. She has since moved to Florida and I still live in Illinios raising our kids both physically and financially. Since she rarely or doesn't helps at all, can I claim my youngest at tax time?
1 Answer from Attorneys
She would have to agree to it. If she won't, you will have to file a motion to modify the Judgment with the court. It doesn't sound like she would meet the IRS support requirement necessary to claim the child on her tax returns so it should be relatively easy. You should also ask the court to order her to pay support for the 2 younger children since she is no longer living in Illinois and is therefore not helping to provide for them.
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