Montgomery, AL asked in Child Custody and Divorce for Alabama

Q: Do divorce agreements still cover dependents over the age of 18?

My divorce agreement from 2009 specifies that I claim the youngest child and my ex claims the oldest on our income taxes. My oldest turned 19 In October 2019 but still lives with me and for the year of 2019 made less than $4000. Since he is over 18 now, is the agreement still in effect or am I free to claim him now since I provided over half of his living expenses, he still lives with me and I am no longer receiving child support for him?

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1 Lawyer Answer
Kristine Jones
Kristine Jones
Answered
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. The age of majority in Alabama is 19, not 18. So your divorce decree expired on that child once it reached 19 in October. Keep in mind what you file in April is about the year 2019, and it sounds like your ex would still claim him for the 2019 tax return. You may want to consult a licensed tax professional to discuss with you the ins and outs of how that works. Best of luck!

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