Legal Question in Family Law in Utah

Amend the Divorce Decree

We just found out that even though my husband's children do not live with us for 6 month of the year, we can still claim them as dependants if we get the amendment to the Divorce Decree stating that we can either take turns in years or other way. My husband's X-wife tries to make it look like she is the only one who can claim them, end of story. My husband pays his child support and he is a great dad. His X-wife and her current husband make more money than my husband and I do, I am still in school and have educational expenses. When they were getting a divorce she was making more money as well. What is the process to get an amendment to the Divorce Decree which has been issued 5 years ago? Is there a chance for us to do so even if she opposes? What do we need to support our claim?

Thank you.


Asked on 1/04/08, 5:34 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Amend the Divorce Decree

He can file a petition to amend the divorce decree, regardless of whether the ex agrees, the court will make the decision. The ex will probably ask for a child support adjustment also, or you can.

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Answered on 1/04/08, 10:18 pm


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