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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Finance
Satisfied Customers: 16538
Experience:  Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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Since I am a homeowner, can I claim head of household if my

Resolved Question:

Since I am a homeowner, can I claim head of household if my ex-wife and I have 50/50 cutody of our three children? Our divorce decree states that I may claim two children in odd years and one child in even years
Submitted: 2 years ago.
Category: Finance
Expert:  Megan C replied 2 years ago.

Megan C :

Thank you for your question, and thanks for using JustAnswer.com

Megan C :

How are you today?

Megan C :

Per IRS publication 501, to claim head of household the following must be true:

Megan C :

  • You are unmarried or considered unmarried on the last day of the year.

  • You paid more than half the cost of keeping up a home for the year.

  • One or more qualifying persons lived with you in the home for more than half the year. There are two exceptions to the residency requirement for temporary absences and for dependent parents. These exceptions are discussed below.

Megan C :

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

Customer:

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?

Megan C :

Yes, the IRS would accept that argument.

Megan C :

How is she in violation of the divorce decree?

Customer:

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.

Megan C :

Yes, she should amend to only claim the children she's agreed to claim

Customer:

Thanks again for your assistance. You confirmed what I believed to be the correct way to handle this.

Megan C :

Glad I could help. Is there anything else that I can assist you with today?

Megan C, Certified Public Accountant (CPA)
Category: Finance
Satisfied Customers: 16538
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
Megan C and other Finance Specialists are ready to help you
Expert:  Megan C replied 2 years ago.
Thank you Peter for your positive rating. Please come back and visit me any time you need a question answered. It was a pleasure working with you today.