Kearney, NE asked in Divorce and Family Law for Nebraska

Q: My ex-husband was awarded full custody of our daughter when she was 18. She is now 19

She attends college and lives in the dorms from mid August to May. My ex was given the right to claim her on his taxes as a dependent every year. This year she lived in the dorm from Jan-March. My new husband and I moved her from college to her dad’s in March where she stayed until the beginning of May. At that time she moved in with us and lived with us all summer until mid August when she goes back to college. We added her to our health insurance in July. She has lived with us or in the dorm longer than with her dad. Do I have a chance at winning the right to claim her on taxes if I take him back to court? I had to give up all custody when she was 17-18 just to get out of my abusive marriage. She stayed with him as he was not abusing her and she wanted to graduate with her friends. She has one college loan I will be helping her pay back. I believe the rest of her financial aid is scholarship & grants so it’s not like her dad is paying for her college either.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: Once the child is an adult, the custody order regarding exemptions and the child care tax credit generally no longer governs. You would likely need to talk to your tax professional to see what you would need to do to qualify to claim another adult as a dependent.

Vanessa Jean Gorden agrees with this answer

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