Legal Question in Family Law in Illinois

I'm divorced non-custodial parent in IL. My son turned 18 last Nov and graduated high school in June of this year. I paid child support on him through the end of June and maybe the first week of July of this year. My divorce decree states that when I can no longer claim him as an exemption we are to alternate the exemption of my younger daughter who will not reach the age of majority until June 2015.

Since I paid 6 months of support on him my accountant says I can claim as an exemption even though he lives with his mother.

Is this correct? Can I claim him as a tax exemption only having paid 6 months support for him????


Asked on 2/11/13, 1:34 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

It depends on when you got divorced. Listen to your accountant, if he or she is one.

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Answered on 2/11/13, 1:41 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

For the sake of argument, I am assuming that you have been divorced for sometime and that 2012 was your year to claim your son. As a rule you can claim your child as a dependent if you provided 50% or more of his daily living expenses. Your accountant is most likely correct and is in the best position to determine whether or not you can claim your son for tax purposes.

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Answered on 2/11/13, 1:50 pm


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