Legal Question in Family Law in Kentucky
My custody order reads: "PETITIONER shall be entitled to claim CHILD as dependent for the purpose of all federal and state tax returns in even numbered years and RESPONDENT shall be entitled to claim CHILD as dependent for the purpose of all federal and state tax returns in odd numbered years.."
In 2011, will the petitioner or respondent claim the child for the 2010 tax year?
1 Answer from Attorneys
The wording choice was poor. Ordinarily is would say who gets to claim for even year taxes or odd year taxes and not say "return". However, the intent is ordinarily refer to the tax year for which one is filing and therefore, the most likely reading of this ambiguous language woudl be that the Petitioner will claim the child as dependent for the 2010 tax return which they will complete in 2011.
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