~ archived since 2018 ~
Popular
Other
[deleted]
[–]jimsmythee 5 points6 points7 points 4 years ago (0 children) | Copy Link
Here is the deal. In order to claim "head of household", you need to have at least 1 qualifying dependent.
If she files taxes and "head of household" but doesn't have 1 qualifying dependent, then her tax return will get rejected. It's that simple.
[–]jalopkoala 2 points3 points4 points 4 years ago (0 children) | Copy Link
We have who claims what each year in our settlement. We have to give the IRS a form every five or so years we both sign stating which years we will be claiming.
https://www.irs.gov/pub/irs-pdf/f8332.pdf
I think absent an agreement, IRS says whoever the kid spent more time with that year.
You may be out of luck unless you have a written agreement.
https://www.irs.gov/faqs/filing-requirements-status-dependents/dependents/dependents-3
[–]derelictherds 1 point2 points3 points 4 years ago (0 children) | Copy Link
Pretty sure the custodial parent always gets the HoH status, but you should definitely check with a tax accountant to verify.
[–]47omek 1 point2 points3 points 4 years ago (1 child) | Copy Link
HoH is based on overnights. She's acting in bad faith going for HoH with you claiming the child this year, but if you can prove you had the child for more overnights than she did in 2021 then go ahead and file HoH and let her try and prove you wrong to the IRS.
[–]InWeGoNow 1 point2 points3 points 4 years ago (0 children) | Copy Link
Good answer. It's separate from claiming the child as a dependent.
© TheRedArchive 2026. All rights reserved.created by /u/dream-hunter
[–]jimsmythee 5 points6 points7 points (0 children) | Copy Link
[–]jalopkoala 2 points3 points4 points (0 children) | Copy Link
[–]derelictherds 1 point2 points3 points (0 children) | Copy Link
[–]47omek 1 point2 points3 points (1 child) | Copy Link
[–]InWeGoNow 1 point2 points3 points (0 children) | Copy Link