Sparta, IL asked in Tax Law for Illinois

Q: does my sons father get to claim him on taxes since he is one payment late, but has over paid in the past?

its court ordered that my sons father can claime him ever year on taxes but in the court papers it says that if he misses a payment that I the mother can claime my son on taxes, but he has also over paid $900 before on child support, so is he still ABLE to clame him on his taxes for 2018?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Rochelle, IL
  • Licensed in Illinois

A: Take the information you've provided here and a copy of the court order to a lawyer. The answer is likely to depend on the exact wording in the court order and how the excess payments of child support are categorized (For example: Is the money legally considered a gift or is it considered prepayment of support that will become due?).

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