Legal Question in Family Law in Illinois

Got divorced in Illinois in 2001, moved to New Mexico.In 2007 ex wife filed to claim all children on taxes,(one was given to me in divorce) Service was sent by mail to wrong address. 735 ILCS 5/2-208 Personal Service Outside of State, says you can only serve by summons. Filed in Illinois to quash, will her mailing hold up in court?


Asked on 4/09/15, 3:21 pm

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

The law did not require you to be served with summons. Th elaw required notice to be sent to you at your last known address. If she did not do that, then you can seek vacation of the order. IF she did, then move to modify it back. The practical problem is that you have to come to IL to litigate this matter, and there will be more than one court appearance. Your will soon lose the economic benefit of the deduction.

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Answered on 4/10/15, 5:46 am


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