Taxes

[mandelbrot007]

Because it is what you planned and not necessarily what happened.

What happened is pretty much in line with what was planned, given that it's a whole year, and not just a few days where swapping here and it is expected. All that changes due to a very few swapping evened out except for that one month where my daughter was with me the whole time which is again in my favor for HoH purposes. I couldn't have done this easily in 2017 and I looked at mt returns for that year and I have filed single for that year

 

[Taxing Matters]

I didn't say that I went and created a calendar for last year now. I already had created a calendar 2 years ago for all the years up to 2030. Everything is digital nowadays, so why it isn't acceptable for IRS?

Digital is fine. It doesn't necessarily have to be an old fashioned paper calendar (though I think the paper calendar has some advantages). But a calendar showing what the planned time is doesn't help because what the IRS wants to see is the record of what the actual time spent with each parent was, not what was planned. Rarely do things go exactly as planned. This is why a calendar dedicated to recording the actual days spent is valuable.

 

[Zigner]

I suggest that you use an app for communications (such as Talking Parents or Our Family Wizard) so that the communications are easier to validate.

(Not a recommendation or endorsement...just examples)

 

[LdiJ]

The child primarily lives with both parents. Our order just says Mom and dad both have joint physical and legal with 50/50 timeshare. There is no designation of the primary parent. We both are on school address and the correspondences are mailed to both and same with doctors. Why would IRS expect or want one to show that he or she is primary adding more fuel to the high conflict custody situation?

As far as her filing status, she is remarried and has another kid from remarriage. So not sure what she filed but I think she would have filed it jointly with her husband as it's more beneficial. However, she reminded me to not take the deduction on our child as it's her turn.

I think I enough have to file HoH this year (for 2019)? So I will make sure, my calendar is up-to-date going forward

For IRS purposes the child does not primarily live with both parents. The IRS definition of who the child primarily lived with is at whose home the child slept the most nights. That is why a calendar showing the actual days is so important.

Since she should never file head of household, since she is married, you shouldn't have a problem with claiming head of household with your daughter as your qualifying child. Just make sure that you only claim her for head of household purposes. Its really easy to make a mistake on that if you are using online software, so triple check your work.

 

[mandelbrot007]

Thanks LdiJ. I will be doing it with a tax consultant and will ensure that. And thanks everyone for your inputs. You guys are awesome.