Lots of family members sue each other, so I wouldn't rule anything out.Maybe the dependents will sue their parent for taking a job that disqualifies them for APTC. After all, the parents had a choice to take another job without benefits.
But I wound up here because of similar lines of thought about the bizarre problems the system creates.
I think this sort of thing, more than causing law suits, just provide a whole host of new perverse incentives.
Such as to dissuade people in poorly paid professions to opt NOT to get married.
What I see as a problem (maybe for litigation?)
If a 22 year old college student working a part-time job is claimed as a tax dependent by their parent (rightfully or not, as long as they state they are), that tax dependent, who would otherwise be within the income limits for Medicaid, could get turned down for Medicaid due to excess parental income. They may also be turned down as a tax dependent, for their own exchange insurance, right? Can they say hey I don't want to be a tax dependent, I want insurance?
The parent would be expected to add that dependent to their employer health insurance (at whatever cost), or if they don't have offer of employer insurance for family, then they would be expected to pay for exchange insurance for the 22 year old tax dependent.
But what if they don't? What if that parent decides they want the tax dependent tax break, but doesn't want to shell out for the health insurance?
And the 22 year old, uninsured, winds up needing emergency surgery or something, and then buried under medical bills.
Someone could do this to their college student child.
I happen to know of at least one person who IS doing this to their college student grown child. They want to claim the kid as a tax dependent, but can't afford the insurance. So they're just leaving the kid uninsured. The kid probably doesn't even understand what's going on. And probably never will unless the kid later has some medical emergency and racks up bills in the kid's name while the parent just gets the tax dependent credit.