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Per IRS publication 501, to claim head of household the following must be true:
In this, you would have to have a child live with you more than 1/2 of the year. Exceptions are made for temporary absences so you could argue that when the children were with your spouse, it was a temporary absence
Thanks for the information. Is this an agument that the IRS readily accepts. Should my ex-wife file an amended return since she is in violation of the divorce decree?
Yes, the IRS would accept that argument.
How is she in violation of the divorce decree?
She is in violation of the divorce decree because she is only able to claim two of the three children in even years. This situation occurred in 2011.
Yes, she should amend to only claim the children she's agreed to claim
Thanks again for your assistance. You confirmed what I believed to be the correct way to handle this.
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