Legal Question in Family Law in Utah

I have been divorced for about 7 years now, I am the non costodial parent, on our divorce decree it states that the respondent which is me should be awarded the federal and state income tax dependency exemption for the child every "odd" tax year beginning with the tax year 2003, on my year to claim her i would get the child income tax credit which is about 800 to 900 extra dollars back, well it turns out my ex wife is claiming that on my year so when I try to file my taxes they get rejected even if I file on paper instead of electronicly. My ex seems to think the only tax claim i get is the one on the w2 forms that you file with your work, is that true? I have to get her to amend it in order for me to get what is orderd on our divorce decree, if thats the case then it isnt fair that I should suffer because of what she is doing right? what should I do?


Asked on 11/24/09, 8:44 pm

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

Your ex is incorrect. The dependency exemption is what's claimed on your tax return and has nothing to do with the number of dependents listed on the Form W-4 filed with the employer. Your ex needs to amend her returns for the odd numbered years she's taken the dependency exemption. If she refuses, you will need to take her to court to enforce your decree.

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Answered on 11/30/09, 10:02 am


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