We are legally separated, lived apart all of 06', in the process of finalizing the divorce. My son lived with her 10 months but I am custodial parent. Can she file as head of household even though the divorce is not final and we are still legally married? And even though I am court identified as the custodial parent?
2007-02-08 04:06:46 · 2 answers · asked by Anonymous in Business & Finance ➔ Taxes ➔ United States
I am ok with her taking the head of household claim, can she though if we are still only legally separated
2007-02-08 04:15:29 · update #1
The IRS defines "custodial parent" as the parent the child lives with the greater amount of time, not who has legal custody. So yes, she could file as head of household if she provided at least half of the expenses of maintaining the home for the child and you do not file a joint return.
2007-02-08 04:39:58 · answer #1 · answered by Judy 7 · 1⤊ 0⤋
ONLY ONE OF YOU CAN FILE HEAD OF HOUSEHOLD. Work it out, it is not worth the fight.
2007-02-08 12:12:35 · answer #2 · answered by whatevit 5 · 0⤊ 1⤋