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norm9838

Member
Every other year I get to claim my child on my taxes. I am with the understanding that in order to claim head of household that the child has to be with you over half of the year. Last year I had her for 185 days and nights. What I am wondering is can I claim head of household even though it states that we have joint custody with her mother being the primary caregiver. Years past I know my ex probably filed head of household and received the earned income credit even on the years that I claimed her as a dependent. I guess the difference is for the last three years I had her more plus her mom got married last year and can not file as head of household. What do you think?
 


abezon

Senior Member
If you had her for over 1/2 the year, you file head of household & claim EIC, regardless of who claims the girl as a dependent. In years when you have her longer & her mother claims her, you'll need to give mom a form 8332 to attach to her return. Be sure you can document that you had the girl more than mom.
 

ablessin

Member
abezon said:
If you had her for over 1/2 the year, you file head of household & claim EIC, regardless of who claims the girl as a dependent. In years when you have her longer & her mother claims her, you'll need to give mom a form 8332 to attach to her return. Be sure you can document that you had the girl more than mom.

so, my divorce decree states that I can claim my son every other year - I can claim head of household on the years that I don't claim my son??
 

LdiJ

Senior Member
ablessin said:
so, my divorce decree states that I can claim my son every other year - I can claim head of household on the years that I don't claim my son??
No, you can only claim head of household in a year when you actually have the child at least 184 days or more. You just barely made it this year. You might not make it in another year. Holidays can easily cause variations of 4-6 days a year.
 

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