2007-05-23 04:32:49 · 4 answers · asked by MS B 2 in Business & Finance ➔ Taxes ➔ United States
It depends. One of the requirements of filing Head of Household is that the taxpayer must "maintain a household". If you're living with your child's father, and they're paying the rent, mortgage, etc., or if you split it 50/50, you're not considered to be maintaining the home. In order to do so, you must be paying over 1/2 of the costs to maintain the home.
If this is the case, you may use the children to qualify you for the Head of Household status, but you may not still be able to use them for dependents. As your children they don't have to be dependents to use them for H of H.
In order to claim a child as a dependent, you usually need to provide over 1/2 of their support. In the event that both of you basically share the financial burden, it's possible that you can still claim them as dependents. If you provide over 10% of their total support, and the father is willing to sign Form 2120 (Multiple Support Declaration) which is kept with both of your records, you may claim the children as dependents.
Go to www.irs.gov, click Forms & Publications, click to search by Publication Number, and pull up Publication 501. On pages 6, 7, & 8 you will find details on Head of Household status, including a worksheet for who maintains the home. Around page 10 you'll find additional information on dependency status.
Hope this helps!
2007-05-23 05:06:47 · answer #1 · answered by starlight_chic06 3 · 1⤊ 1⤋
If you meet the requirements for head of household filing, then you can - it doesn't matter that your children's father lives with you.
One of the requirements is that you are providing more than half the costs of maintaining the household. At most, only one of you can be doing that, and only that person may file as head of household.
2007-05-23 05:34:59 · answer #2 · answered by Judy 7 · 1⤊ 0⤋
You are on dangerous ground. Go to forms and order a Pub 17 and read it carefully. It seems that each and every person's individual circumstances vary on this particular question. The wrong step can cause unnecessary pain and suffering.
2007-05-23 05:17:43 · answer #3 · answered by acmeraven 7 · 0⤊ 0⤋
Yes if he doesn't claim them.
2007-05-23 04:39:09 · answer #4 · answered by chickey_soup 6 · 0⤊ 0⤋