Legal Question in Family Law in Utah

Re: Where to look?

Under Utah law, if your ex is delinquent in the payment of child support, he cannot claim your daughter on his taxes even thought he may have been awarded the dependency tax exemption in your decree of divorce. If he is behind, you should claim your daughter and let him deal with it. If the IRS/State Tax Commission investigate it, they will agree and allow you to take the exemption.

As far as seeking sole custody, I'm assuming your decree provides for some form of joint custody, either legal, physical or both. If you're wanting to change the custody order, you must file a formal petition to modify the decree of divorce based upon a substantial and material change in circumstances and proving that such a requested change is in the best interests of the minor child. I can certainly assist you if you would like to contact my office and schedule a time to meet with me. I offer an initial consultation at no charge at which time I can assess your case and make a determination of how best to proceed.

Thank you for contacting me.

Cory R. Wall