Can I still claim head of household even if my spouse whom I'm separated from claimed it for 2006?

Question

I claimed our child for 2006.

Answer 1

Special Rule for Separated Parents
Married taxpayers who are separated or estranged from their spouse may be able to file as Head of Household, even though they are not legally separated or divorced. Taxpayers who meet all five criteria below may file as HOH instead of the less favorable married filing separately status.
You file a separate return.
You paid more than half the cost of keeping up your home for the tax year.
Your spouse did not live in your home during the last 6 months of the tax year. Your spouse is considered to live in your home even if he or she is temporarily absent due to special circumstances.
Your home was the main home of your child, stepchild, or eligible foster child for more than half the year.
You must be able to claim an exemption for the child. However, you meet this test if you cannot claim the exemption only because the noncustodial parent can claim the child using the rules for children of divorced or separated parents. (From the Head of Household section of IRS Publication 501.)
Separated parents should refer to IRS Publication 504, Divorced or Separated Individuals, for additional information about these special rules.

Answer 2

If your child did not live with you for over half the year, then you can't claim head of household. Being able to claim the child doesn't automatically mean you can claim head of household, and two people can't claim head of household based on the same dependent.

Answer 3

If there is only one kid only one parent can claim head of household, whoever has custody. Being a parent is not the criteria, but providing for the childs housing is.

Your ex is going to get dinged for claiming head of household with no minor dependents living with him.

Answer 4

If you ARE head of household then yes...If he claimed it...he will be audited not you.

Your child has to live under your roof 6 months out of the year before you can claim your child or have a written agreement with the courts stating you are claiming the child singed by both you and the spouce.

Answer 5

You are head of your household and he is head of his.
I've been told by tax professional that even people who live in the same house can run seperate 'house holds'. Can't be married though... for example, my brother and I live in the same house, he buys him and his kid food and I buy my kids food. We run seperate households in the same house. Anyway that wasn't your question, but I hope it helped.

EDIT**ooooh I just read the small print... Did you both claim the child? All I can say to that is WHO HAS CUSTODY? That person should claim the child, unless stated otherwise in the court papers. If you had the child for 183 days you claim him/her.

Answer 6

If you contribute more than half of your child's support then you are entitle to claim "head of Household" But you must report the income you get from for child support.
If he contributes more than half then he is head of household even if the child does not live with him..

Answer 7

are you filing separately and in a separate household. ? was you child claimed on the spouses taxes, if so no you can not.

Answer 8

the answers you got are beyond my comprehension! If and ONLY IF you qualify (according to the IRS) can you claim the head of household status.

For those rules go to http://www.irs.gov and type head of household into the little search box.

Answer 9

If you live in 2 different households then your the head of that one.

Answer 10

if your nevertheless legally married then you definitely could desire to proportion the return until the papers are filed....until you have a momentary order that states in any different case. If not then declare an identical way you ordinarily have.......yet counting on your state rules you ought to could desire to cut up the return consisting of your Ex