Oswego, IL asked in Tax Law, Divorce, Family Law and Probate for Illinois

Q: Can I claim child tax credits for 2018 if ex-spouse died?

In our settlement, my ex and I agreed he would take the child tax credits for our children every year on his tax returns, though I am the custodial parent. He died last spring. Should his 2018 (deceased) return carry the child tax credits, (in which case any refund would go to his estate which is awaiting probate)? Or is that aspect of our settlement made void by his death and I am allowed to include the child tax credits on my head-of-household return? Does the settlement bind me to our terms for the 2018 tax year since my ex-spouse was alive for part of the year?

1 Lawyer Answer
Marilyn  Johnson
Marilyn Johnson

A: You are bound by the terms of your Marital Settlement Agreement.

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