Can I file head of household although my ex-husband will claim our son as dependent this year?

Forum|Forum|6 years ago
May 31, 2019
2 replies
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Per divorce agreement, the other parent and I alternate claiming our son as dependent. This year, it is his turn to claim him as his dependent.

However, TurboTax states I can file as head of household anyway. I am confused because 2 years ago when the situation was the same, I used an agency to help me prepare my tax return, and reviewing it, I realize that I filed as single.

Now I am hesitant to file my completed return because I am afraid that perhaps I have to file single again because I am not claiming my son as dependent.

TurboTax Deluxe Online

Best answer by macuser_22

Yes you can if the child lived with you. Answer the interview that the child is your child (not you and your present spouse if filing jointly), YES - you have a custody agreement, and YES - the other parent is claiming this year.

Your child will NOT be your dependent - he will be a non-dependent for EIC, Dependent Care & HOH only.

This is the special rule for Children of divorced or separated parents (or parents who live apart)

http://www.irs.gov/publications/p17/ch03.html#en_US_2013_publink1000170876

The absent parent can claim the dependent (child's exemption) and Child Tax credit.

You can see all the rules for HOH at this IRS link:

http://www.irs.gov/publications/p17/ch02.html#en_US_2013_publink1000170792

You might consider amending your 2011 tax return if it increases your refund.

macuser_22Answer

Employee

Your child will NOT be your dependent - he will be a non-dependent for EIC, Dependent Care & HOH only.

This is the special rule for Children of divorced or separated parents (or parents who live apart)

http://www.irs.gov/publications/p17/ch03.html#en_US_2013_publink1000170876

The absent parent can claim the dependent (child's exemption) and Child Tax credit.

You can see all the rules for HOH at this IRS link:

http://www.irs.gov/publications/p17/ch02.html#en_US_2013_publink1000170792

You might consider amending your 2011 tax return if it increases your refund.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

M168_2Author

Employee

Thank you so much!
How do I amend my 2011 tax return?

alayna

Employee

A person cannot qualify more than one taxpayer to use the head of household filing status for the year.

macuser_22

Employee

@alayna - That is true, each person qualifying for HOH would need a different child. However, that is not the subject of this question, which was "Can the custodial parent claim HOH and the non-custodial parent claim the child's exemption?" and the answer to that is - yes (as explained in the answer above).

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**