Legal Question in Family Law in Illinois

My ex-husband is over 1700 dollars behind on child support. He had refused to tell me where he works and my states (Illinois) child support department has not found out where he works yet either. Well when it came to tax time I had claimed my daughter on my taxes, but it was my ex husbands year to claim her. He only sees her every other weekend and barely at that. I got back 1000 dollars for my daughter. I told my ex husband that we can just deduct it from what he owes in child support. Which then would make the remaining balance he owes around 700 dollars probably more. Well he doesnt want to do that, he wants to take me to court and have me pay him the 1000 dollars. Can he win this case?? It doesnt makes sense to me for the court to have me pay him the 1000 dollars for the tax credit I got for my daughter and then turn around and have him pay me 1700 in back child support. Any help or advice would be greatly appreciated. Thank you.

Nikki


Asked on 4/09/10, 11:55 am

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

You violated a court order by taking the child. Unless the agreement provided that he had to be current in his payment of support, he had the right to claim the child. His being behind and violating the order does not give you the right to self-help and violating the judgment yourself. If he is working he has to disclose where he is working. A Petition for Rule for not disclosing where he is working is appropriate. And you should be getting 9% interest on any arrearage over 30 days old.

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Answered on 4/14/10, 12:10 pm


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