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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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My child custody case is over. I was granted both legal and

Resolved Question:

My child custody case is over. I was granted both legal and physical custody. I have the kids almost all weekends and a dinner visit during the weekdays. this is about 30% from what i understand. Based on these, can I file as head of household and claim one of my 2 kids for tax purposes?
Submitted: 8 years ago.
Category: Tax
Expert:  Merlo replied 8 years ago.

In order to claim head of household status, you must pay more than half the cost of keeping up a home for a qualifying person, and that person must live with you for more than half of the year. You would therefore not qualify to file as head of household if the children are only with you on weekends. Even dinner visits do not qualify as days living in your home.

As far as claiming either of the children, the IRS only allows the custodial parent (the one with whom the child lives for most of the year) to claim the children as dependents. The only way you could claim one or both of the children is if your ex spouse signed a Form 8332, revoking her right to claim the exemptions.

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