Legal Question in Family Law in Utah

My divorce was in Sept 04, and one part of the decree on child exemption (for taxes) states the child exemption will go to the father. It does not mention father gets it every year, father gets it every other year, etc. The ex has not asked for it till this year (2009 taxes). He was remarried, and now filing jointly with his new wife, and since they make $80,000 +, will have to pay on their taxes. He wants me to sign the child exemption papers so they could get the exemption and not pay so much on their taxes. My issue is for the last 1 1/2 years I have been unemployed and only getting unemployment which would only be about $15,000 for the year. I have full custody of our daughter (I live in Utah and he lives in WA), and he only has time for her for a week or maybe two weeks out of the year. He pays his child support each month, but I pay for everything else. Wouldn't the child exemption still go to me?

A. Keenan


Asked on 1/11/10, 11:50 am

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

I suggest that you offer the father the use of the deduction if he will pay you what you would benefit by you claiming it. This way both of you get a partial use of the deduction. Without reading the decree there is no way to tell what it means. But the suggestion is fair to both of you.

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Answered on 1/17/10, 8:53 pm


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