Legal Question in Family Law in Utah

Claiming baby as dependant on income taxes.

My daughter has had a baby. She is not married to the father. For 2008, she claimed the baby as a dependant. The father is insisting that he should claim the baby for 2009 income taxes, even though the baby does not live with the father. The baby only visits overnight maybe one or two times a month. Most all the support is provided by the mother, except incidentals as needed when visiting the father.

Can he claim a dependant that is not living with him? He does not have a job, has been in jail.


Asked on 3/23/09, 2:51 pm

1 Answer from Attorneys
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Claiming baby as dependant on income taxes.

Generally, unless and until he gets a court order to the contrary, he has no legal right to claim the child as a dependent for tax purposes. I would recommend that your daughter file a paternity action against the father of the child. By doing that, she will be able to get a formal court order awarding her custody of the child and an award of child support. In the decree, the court can also specify which parent has the tax dependency exemption. If you have any questions, you're certainly welcome to contact me. I offer an initial consultation at no charge. Thank you.

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Answered on 3/25/09, 2:01 pm


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