Head of household question

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Head of household question

Postby stanley77 » Wed Apr 11, 2012 7:14 pm

First time doing my taxes after divorce... so I have the following question:

Can I (and should I) file as head of household if my ex is claiming our child as dependent?

Briefly about my case:

Separated since June 2011
Officially divorced since November 2011
50/50 custody
Ex will claim our child this year (we alternate years)
I make about 30% more than she does and had more child related expenses in 2011
I am single, no other dependents, own a house, pay all house expenses

Here is what our PSA agreement says about taxes:

...The parties shall take whatever steps are reasonably necessary including filing necessary forms with the taxing authorities (for example IRS Form 8332) to permit the parties to claim the exemptions/tax credits as provided in this Section 11.b. The parties acknowledge that the foregoing allocation will not prohibit an otherwise eligible parent from qualifying as head of household.


Thanks!

:)
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Re: Head of household question

Postby afterthebliss » Wed Apr 11, 2012 8:24 pm

I have a question sort of along the same lines.

She moved out late 2010 until Feb 2011 - kids stayed with me.
Came back ( I know, stupid me- lesson learned and I have become the divorce move-out preacher)
She left in July - kids 50/50 on paper, but I can document more with me.

IRS states parent with more expenses, overnights, wages....
Decress - final in December - states one kid each parent.

Can I claim both for IRS?
What can I do if she claims both, as I think she has?
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