Can I still file as Head of Household? We basically share the custody, yet she may be with me a few more days a year.
2007-01-03 13:48:07 · 6 answers · asked by shelly 1 in Business & Finance ➔ Taxes ➔ United States
Unless it is specifically agreed in your divorce paper that he gets the exemption, then based on what you said you should be the one who gets to claim the daughter's exemption.
Without a divorce decree and both divorced parents claim the same child the IRS tie breaker rule is:
1. the parent with whom the child lived with longer wins
2. if the number of days between the two parents are equal, then the parent with more adjusted gross income (line 38 in 1040) wins
However, you can still file Head of Household whether you claim your daughter's exemption or not.
Best wishes.
2007-01-03 14:36:00 · answer #1 · answered by JQT 6 · 0⤊ 0⤋
This really is a question for an attorney. A lot depends on what was in the divorce decree. You are the head of the household, even if you are single. If yu do not have any formal wording, and you divorce is amicable, see if you can work out an arrangement with you ex, to take her on alternating years.
2007-01-03 21:53:48 · answer #2 · answered by Beau R 7 · 0⤊ 0⤋
You could file as head of household, but he still gets the exemption, per the divorce decree.
If this isn't in the divorce decree, then you should seek to get that in writing.
And, you should ask a good tax CPA.
2007-01-03 21:53:11 · answer #3 · answered by geek49203 6 · 0⤊ 0⤋
yes you can file as head of household, the divorce agreement should have spelled out who gets to claim her
2007-01-03 21:56:06 · answer #4 · answered by singledad 7 · 0⤊ 0⤋
you are getting ripped of by your ex, if you share custody you should be getting half of the money or filing her every other year.check with H and R block they can help you allot.
2007-01-03 21:59:03 · answer #5 · answered by reb.van 1 · 0⤊ 0⤋
where does the child reside for the majority of the year?
2007-01-03 23:08:43 · answer #6 · answered by paschuyl 1 · 0⤊ 0⤋