Legal Question in Family Law in Illinois

Tax Time- Temporary Custody

My cousin has temporarily adopted her sisters children while the parents were fighting and not suitable to have the kids. The kids have been with my cousin 4+ months. The parents rarely visit and always cancel to come and see or take the kids when arranged. Now that tax time is coming, they want the kids back. These four boys have NEVER been happier then where they are now. They all have seperate bedrooms and they are never cussed at but still disciplined. At their parents house originally both parents were commiting adultery. The youngest never was let out of his crib. The older two were cussed at and told to ''go away'' repeatedly from the mother. The all share one room. I wanted to know if the parents can still write them off on their taxes when THEY are the ones that asked my cousin to take temporary custody of their children?


Asked on 12/26/08, 9:29 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: Tax Time- Temporary Custody

Its a tricky question. Sometimes the tax write-off is decided by the Courts and this might be a good case for that. I'm not certain that your cousin will be able to take the write-off this year anyway since the children have lived with her for less than six months.

One possibility would be a simple compromise. Figure out who gets the biggest write-off for the kids and then split the difference with the other party. If your cousin can write-off $10,000 and the parents can write off $5000. Then let your cousin take the write-off and give the parents some of the money (say $2500).

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Answered on 12/28/08, 1:02 pm


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