Legal Question in Tax Law in Illinois

taxes

My live-in fiance of over four years has decided to leave me and has moved out. We had two children in the household one hers and one ours. When I have filed taxes in the past I have claimed all three as dependants on my taxes, as I was the only one working. She started a job this year in I believe August or September. Since I was head of household and the money supporter for over 6 months out of the year wouldn't I still be able to claim them on this years tax return?What rights does she have to any of that money,because she seems to think she is entitled to a portion of that money? Is this right?


Asked on 12/19/07, 3:07 am

2 Answers from Attorneys
Joseph Michelotti Michelotti & Associates, Ltd.

Re: taxes

You need to work this out by agreement or court order.

check out my website - www.michelottilaw.com

email me if you have any questions - [email protected]

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Answered on 12/22/07, 3:06 pm
Cyndi Perez Trostin

Re: taxes

Since you weren't married, you each would be entitled to the money you earn.

From your description, you would likely qualify for head of household with at least one dependent child.

It is unlikely that you will be able to claim your ex as a dependent.

I would recommend that you work out an agreement for who will be taking the children as dependents since it will cause a problem with your filings with the IRS if both of you claim the children.

Good luck to you.

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Answered on 12/19/07, 10:42 am


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