Legal Question in Family Law in Illinois

Financial Aid & Taxes

My husband is paying college support to 2 children. When the original divorce decree was set up -they were 3 & 5 - it was set up that each parent would claim one child on their income taxes. They are now in college and use financial aid to pay for 1/3 of it - both parents contribute. Although they have never revised the original decree - the daughter is saying he can not claim her as a dependent because of her FAFA status and should only be claiming her tuition. What is the law on this matter?


Asked on 2/13/08, 11:00 am

1 Answer from Attorneys

John Steele Steele Law Firm

Re: Financial Aid & Taxes

If the daughter is a minor, its a no brainer, the parent can do what he wants. If she is an adult, and is only receiving college aid, its tricky since the parent is not really supporting the adult child anymore (college is not a necessity).

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Answered on 2/13/08, 11:42 am


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