Head of Household when divorced

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Topic Author
y4rivera
Posts: 62
Joined: Fri May 26, 2017 7:20 am

Head of Household when divorced

Post by y4rivera »

Hello All,

Am I eligible to file as Head of Household based on the following information? I am officially divorced and per the separation agreement we take turns claiming our daughter. This year is my turn. My daughter lives with her mother in my condo and I am living in an apartment. It probably seems strange the living arrangement but we did this because my daughter is in H.S. and we didn't want to change her living situation at this point since she'll be graduating soon. She stays with me every other weekend and during some of the school vacation weeks. It's a total of around 3 months when you add up the days. Thanks in advance for any input.
fabdog
Posts: 2539
Joined: Wed Jan 16, 2013 12:59 pm
Location: Williamsburg VA

Re: Head of Household when divorced

Post by fabdog »

no. From IRs pub 501. you don't meet test 3
Head of Household
You may be able to file as head of household if
you meet all the following requirements.
1. You are unmarried or considered unmar-
ried on the last day of the year. See Marital
Status, earlier, and Considered Unmar-
ried, later.
2. You paid more than half the cost of keep-
ing up a home for the year.
3. A qualifying person lived with you in the
home for more than half the year (except
for temporary absences, such as school).
However, if the qualifying person is your
dependent parent, your dependent parent
doesn't have to live with you.
Mike
montanagirl
Posts: 1787
Joined: Thu Nov 19, 2009 3:55 pm
Location: Montana

Re: Head of Household when divorced

Post by montanagirl »

No. Head of Household stays with the custodial parent. You get the child tax credit, the ACTC and the exemption (if it ever comes back).
Topic Author
y4rivera
Posts: 62
Joined: Fri May 26, 2017 7:20 am

Re: Head of Household when divorced

Post by y4rivera »

fabdog wrote: Sun Feb 11, 2024 7:21 pm no. From IRs pub 501. you don't meet test 3
Head of Household
You may be able to file as head of household if
you meet all the following requirements.
1. You are unmarried or considered unmar-
ried on the last day of the year. See Marital
Status, earlier, and Considered Unmar-
ried, later.
2. You paid more than half the cost of keep-
ing up a home for the year.
3. A qualifying person lived with you in the
home for more than half the year (except
for temporary absences, such as school).
However, if the qualifying person is your
dependent parent, your dependent parent
doesn't have to live with you.
Mike
Thank you.
Topic Author
y4rivera
Posts: 62
Joined: Fri May 26, 2017 7:20 am

Re: Head of Household when divorced

Post by y4rivera »

montanagirl wrote: Sun Feb 11, 2024 7:26 pm No. Head of Household stays with the custodial parent. You get the child tax credit, the ACTC and the exemption (if it ever comes back).
Thank you.
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