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AstroAce

Can I File as Head of Household if I Only Claim One Child After Divorce?

I've been going crazy trying to figure this out and can't find a clear answer anywhere. Finalized my divorce back in 2022 and bought my ex out of our family home. We have a pretty standard custody arrangement for our two kids - 50/50 split time. The thing is, our divorce agreement has this specific tax arrangement where I claim our older daughter (she's 14) and my ex claims our younger son (he's 11) every year. We don't alternate years claiming both kids like most divorced couples seem to do. What I'm struggling to understand is whether we can BOTH file as Head of Household in this situation? Since we each have our own separate homes and are claiming different children as dependents, does that qualify both of us for HOH status? The tax savings would be significant compared to filing Single, but I don't want to mess this up. Anyone deal with a similar tax situation after divorce? Thanks in advance!

Yes, you can both claim Head of Household status in this situation as long as you both meet all the requirements. For HOH filing status, you need to: 1) Be unmarried or considered unmarried on the last day of the year 2) Pay more than half the cost of keeping up your home for the year 3) Have a qualifying person living with you for more than half the year (except for temporary absences) Since you each maintain your own separate homes and each claim one child, you both can qualify as HOH - even with 50/50 custody. The key here is that each child is a qualifying person for one parent, and as long as each child lived with their respective claiming parent for more than half the year (or at least 183 nights), you're good. The IRS doesn't require you to claim all possible dependents to file HOH - just one qualifying person. So your arrangement is perfectly fine for both of you to claim HOH status.

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AstroAce

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Thanks for the clear explanation! Just to make sure I understand correctly - even though the kids split time equally between both homes (so technically not "more than half the year" with either parent), we can still both claim HOH? Is there something about the custody agreement that makes this work?

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Great question! With exactly 50/50 physical custody, you need to look at the "tiebreaker" rules. Since your divorce agreement specifically assigns which child each parent claims, that child becomes your "qualifying person" for HOH purposes. The IRS recognizes this arrangement as valid. The key is that you're each claiming a different child as your dependent (based on your legal agreement), and you each maintain your own home where that child lives at least half the time. The tiebreaker rules in your divorce decree essentially establish who each child "belongs to" for tax purposes, even with equal physical time.

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Jamal Brown

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After my divorce, I was stuck in the exact same confusion about HOH status. I spent hours reading conflicting advice until I found https://taxr.ai which analyzed my custody agreement and tax situation. It confirmed that yes, both my ex and I could claim HOH with one dependent each on a 50/50 custody arrangement. The tool actually looked at my specific situation and showed how the IRS treats custody agreements as a valid tiebreaker for determining tax filing status. It even helped me document everything properly in case of questions later. Saved me a ton of stress and probably protected me from making a mistake that could have cost me thousands.

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Mei Zhang

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How exactly does that work with 50/50 custody though? I thought the child had to live with you MORE than half the year for HOH status. Does the tool explain how this works with the IRS rules?

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I'm kinda skeptical about online tools. Did it just give generic advice or did it actually have something specific to your custody agreement? I've heard horror stories about people getting audited for HOH claims after divorce.

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Jamal Brown

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The tool explains that with 50/50 custody, the divorce decree or separation agreement serves as the official tiebreaker when determining which parent can claim which child as a qualifying dependent. When your agreement specifically designates which child each parent claims, that becomes the controlling factor for HOH eligibility. It wasn't generic advice at all - I uploaded my actual custody agreement and tax info, and it highlighted the specific clauses that establish my right to claim my daughter despite the 50/50 physical custody. It also created documentation explaining how my situation meets IRS requirements, which I keep with my tax records in case of audit.

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I was really skeptical about this whole HOH situation with my 50/50 custody arrangement, but I decided to try https://taxr.ai after reading about it here. Gotta say I'm impressed - it analyzed my divorce decree and confirmed I could claim HOH for just my son (ex claims our daughter). The tool actually pointed out a specific paragraph in my agreement that I hadn't fully understood which explicitly designates which child each parent claims. It created a detailed report explaining why this meets the IRS requirements despite the equal physical custody. My tax preparer was initially saying I couldn't do HOH, but when I showed her the analysis, she agreed I qualified. Saved me about $2,200 compared to filing Single!

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If you're still having trouble getting a clear answer on your Head of Household eligibility, you might want to just call the IRS directly. I was in a similar situation last year with my ex (we each claim one kid with 50/50 custody) and couldn't get a straight answer anywhere. I tried calling the IRS for months - constant busy signals or disconnects after waiting forever. Finally found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent in about 20 minutes when I'd been trying for weeks on my own. The IRS agent confirmed that with our custody agreement specifically designating which child each parent claims, we could both file HOH as long as we each maintain separate households where the children live at least half the time. Having that official confirmation directly from the IRS gave me total peace of mind.

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AstroAce

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Wait, there's actually a way to get through to a real person at the IRS? How does that even work? I thought it was literally impossible these days.

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CosmicCaptain

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Sounds like a scam tbh. Nobody can magically get through the IRS phone system. They probably just connect you to some fake "agent" who tells you what you want to hear.

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It's not magic - they use a system that continually redials and navigates the IRS phone tree until it gets through, then calls you when an agent is on the line. It's basically doing what you'd do manually but automated, so it works 24/7 until it gets through. They don't connect you to anyone except the actual IRS. When you get the call, you're talking directly with an official IRS representative who can access your tax records and provide official guidance. I was equally skeptical at first but was desperate after trying for weeks. It's just a time-saving service, nothing more complicated than that.

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CosmicCaptain

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I take back what I said about Claimyr. After failing to get ANY help from the IRS for three weeks straight (trying different times, days, everything), I tried the service out of desperation. Within about 15 minutes, my phone rang and I was talking to an actual IRS representative. The agent confirmed exactly what others have said here - with a divorce agreement that specifically assigns which child each parent claims, both parents CAN file as Head of Household even with 50/50 custody, as long as you each maintain your own home where the child lives at least half the time. She explained that the custody agreement serves as the tiebreaker in equal custody situations. Really wish I'd done this months ago instead of stressing about it!

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Just wanted to add my experience as a tax preparer. This situation comes up ALL the time with my divorced clients. Here's what you need to know: The "more than half the year" requirement for a qualifying person gets tricky with 50/50 custody. However, when your divorce decree specifically states which parent claims which child for tax purposes, the IRS generally accepts that as establishing which child is your "qualifying person" for HOH purposes. The key thing: make sure your custody agreement/divorce decree EXPLICITLY mentions the tax arrangement. If it's crystal clear in writing, both parents can claim HOH with different qualifying children. If it's just a verbal agreement, you might run into problems.

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What about the tiebreaker rules though? I thought those only applied to which parent can claim the child as a dependent, not for determining Head of Household status?

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You're right that the tiebreaker rules primarily address who can claim a child as a dependent. However, for HOH purposes, those same determinations become relevant because you need a "qualifying person" to claim HOH status. When a divorce decree specifically assigns which child each parent can claim, it establishes who each child is a qualifying person for. The IRS generally respects these legal agreements as the controlling factor, even with exactly 50/50 physical custody. Without such an agreement, you'd fall back to the regular tiebreaker rules, which would eventually come down to the higher AGI parent if everything else is equal.

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Quick warning - the IRS is really cracking down on incorrect HOH claims from divorced parents! I know several people who got audited last year specifically on this issue. Make sure you have documentation showing: 1) You provided more than half the cost of keeping up your home 2) Your child lived with you at least 183 days 3) Your divorce decree specifically stating which child you claim If you can't prove these (especially #2 with 50/50 custody), consider filing as Single to avoid potential headaches. The IRS has been particularly picky about the "more than half the year" requirement lately.

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This is kinda misleading. If there's a court order specifying which parent claims which child, the IRS nearly always accepts that for HOH purposes even with 50/50 custody. I've been through an audit on exactly this issue and had zero problems once I showed my divorce decree.

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