Question

I am divorced with two kids. My ex will be claiming both kids as dependents. Am I still able to claim HoH status since they lived with me half the year?

Forum|Forum|4 years ago
February 26, 2022
1 reply
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TurboTax Online

Employee

Are you the custodial parent? Do you have an agreement with the other parent to allow the other parent to claim them--due to divorce or that you live apart and share custody? Did one of you sign a Form 8332?

If there is a signed 8332 then the custodial parent retains the right to file as Head of Household, get earned income credit and the childcare credit. The non-custodial parent gets the child tax credit for children under the age of 18.

As far as the IRS is concerned, the custodial parent is the one with whom the child spent the most nights during the tax year--at least 183 nights.

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

A

alexander.n.fabrAuthor

She is claiming both kids (she files as Married Filing Jointly with her current husband), so therefore I'm not able to claim HoH. Correct?

X

xmasbaby0

Employee

@alexander.n.fabr Please refer to the reply that is directly above your question. If you are not the custodial parent you cannot file as HOH. Who did the children spend the most nights with in 2021?

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**