Legal Question in Family Law in Kentucky
If a divorce decree written when the dependent child was 14 and she is now 20 states that the petitioner (me) "in all years shall be entitled to claim the parties' child as a dependent for all income tax purposes and to claim the Child Tax Credits, for all income tax purposes," does this right end at age 18 or is it in effect as long as she is a student?
1 Answer from Attorneys
On its face, all years means all years. If, according to the Internal Revenue Code, she can still be claimed as a dependent, then it continues. However, the reality is that provision was probably made because the petitioner was the person footing the bill for the kid during childhood. If that is no longer the case, it's vague enough that the respondent might have a case to make about being able to claim her instead, depending on the circumstances.
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