Legal Question in Family Law in Illinois

My son has a 7 year old child with a woman whom he was never married. The no longer live together (and havent for 5 years) and the child lives with his mother. They have never gone to court so there is no court order for child support, visitation, etc. Only a verbal agreement exists between both parents, so the child is with his father on a regular basis which is every other weekend, holidays, school & sporting events the child is involved in, etc. Dad babysits when mom has no sitter, takes time off work to take the child to the doctor and is NOT an absent father. He is a FULL TIME dad but living seperately from the mother. Since there is no legal binding court order, what rights does my son have to claim his son on his income taxes, and if he has already done so for the first time (without the mothers knowledge), what legal ramifictions will he face for doing so? Please answer asap, as he is being threatened by the mother with going to jail for fraud. Thank you!


Asked on 1/19/10, 2:14 pm

1 Answer from Attorneys
John Steele Steele Law Firm

There is no fraud. However, your son needs to get an agreement entered in the court laying out everyones rights and responsibilities, such as who gets to claim the child for which years. The best time to deal with these issues is before all hell breaks loose and the mother claims he never sees the child, never pays, etc. Let me know if you have any other questions.

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Answered on 1/25/10, 6:58 am


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