Legal Question in Family Law in Illinois

Due to paying child support, my husband was allowed to claim his daughter from a previous relationship on all the odd tax years. Aug 2009 he agreed to an adoption. This was a very hard decision on my husband's part but there were so many problems he thought it was for the best. At the hearing, the judge stated since my husband had paid child support all year that it was only right to let him claim his daughter one last time on the 2009 tax forms. His ex-girlfriend didn't like that decision, started to argue with the judge who almost held her in contempt. The motion was entered into the court docket, to which we have a copy. When filing our 2009 taxes we discovered that she went and claimed her anyway disobeying the court order. We had to file an amended tax form and is now waiting for further instruction for the IRS. My question is there any action that my husband can take against his ex-girlfriend for not obeying the court order set by the judge?


Asked on 5/18/10, 7:47 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Yes, your husband can file a Motion seeking to have the Judge hold her in Contempt of Court. Will it be worth it considering the expense and aggravation? Probably not.

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Answered on 5/23/10, 10:26 am


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