Legal Question in Family Law in Utah

In my divorce decree it states that my ex husband is entitled to claim one of our three children on his taxes "providing he is current on all child support and other financial obligations". He is current on child support because the Office of Recovery Services automatically deducts it from his paycheck, however he has not reimbursed me for any of the children's medical costs for the entire year. According to the decree, we are supposed to share out of pocket medical expenses equally. I have provided him with receipts detailing all of my out of pocket expenses but he has refused to pay them. He now owes me approximately two thousand dollars.

I have sole physical custody of all of our children and he has rights to visitation. As of about a year and a half ago, he has voluntarily ceased seeing or speaking to his children. He cut off contact with them one at a time over about a 6 month period.

My question is this: Considering the language of the divorce decree and his refusal to reimburse me, am I now entitled to claim all of the children on my taxes? If so, is there anything I need to do legally as far as notifying him that I will be claiming my son? Do I need to have a judgement against him for the amount, or is it enough that I notified him of the costs and he didn't pay them?


Asked on 12/20/10, 8:03 pm

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

You may return to court on an order to show cause why he should not be held in contempt of court for failure to pay the medical expenses. You can also ask for attorney fees.

You can ask at the same time for the right to claim the child for taxes until he pays the expenses and fees.

You may call for a free consultation.

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Answered on 12/27/10, 8:40 pm


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