Legal Question in Family Law in Illinois

I took my ex husband back to court to get him to pay the correct child support and help with my other daughters college fees. I had a new lawyer and somehow it was put into the order that my ex husband gets to claim my younger daughter every year for taxes. I was given a copy to look over and make corrections. I made 2 corrections, one was made but the tax issue was not. It was then signed by the judge. My daughter lives with me full time and it is not fair that this error was made and was never discussed at the court date. My ex lawyers only defense is that the judge ordered it. There are not court records. Lawyers don't want to get involved with a case against another lawyer and after paying this lawyer 11,000. I can't afford another lawyer. I was told that I need to fill out a motion to correct and modify an order. I know I do that at the court house, but I have no idea what to include with the motion? Do I also send my ex lawyer a copy of the motion? I don't have a clue what I'm doing.


Asked on 1/04/14, 7:27 pm

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

Before you run out and file motions, be aware that the court has the power to award exemptions as it deems appropriate. If your ex is paying support, the court may have or will award your ex the child as his dependent. While it may not have been handled appropriately, it may have been what was ordered.

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Answered on 1/05/14, 8:28 am


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