My ex-husband and I have joint custody with me maintaining physical custody of my daughter. By court order, I am the only one allowed to claim her on my taxes. We have been divorced for over 6 years, and I had been filing head of household, collecting EIC because I qualify. Memorial Day weekend she moved into the next town to live with her dad because he, up till then was living over 1000 miles away and she only saw him 2 times a year. The custody papers have stayed the same, we only have a verbal agreement for her staying with him. She is 17, and would be able to choose in front of a judge anyway. She continues to stay there because she now goes to school and has a part time job in that city. Because I had her exactly 6 months and him too, can I still claim head of household since neither paid more for her expenses? Like I said, the papers say I claim her on taxes and I have LEGAL physical custody, though she stays with him.
2006-12-02 22:28:32 · 3 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
She lived with me for 5 FULL months and has been with me every weekend until she started her job 2 months ago. It equals more than six months.
2006-12-02 22:29:24 · update #1
School 1859 has it half right. Being able to take an exemption for the child as a dependent appears to be what is covered by your divorce papers and is what school 1859 is talking about. Head of household is separate from that. To file as head of household your child MUST live with you for at least one day over half a year (and other things). See IRS pub 17 at this link. http://www.irs.gov/pub/irs-pdf/p17.pdf Look under 'filing status"
2006-12-03 05:04:58 · answer #1 · answered by curious george 5 · 3⤊ 0⤋
NOPE. single with a based. You get the dependency exemption ($3500), yet in undemanding terms submitting status of single. The custodial parent can record HOH and might even get EIC, besides the undeniable fact which you're taking dependency exemption.
2016-12-10 20:55:06 · answer #2 · answered by ? 4 · 0⤊ 0⤋
Because nothing changed legally,you can claim as you always have. Your ex would have to go to court to have the original order changed or if you agree to allow him to claim her, he would need to file form 8332 "RELEASE OF CLAIM TO EXEMPTION FOR CHILD OF DIVORCED OR SEPARATED PARENTS" and it requires your signature.
Hope that helps you.
2006-12-02 22:48:01 · answer #3 · answered by school1859 5 · 1⤊ 1⤋