Can I claim Head of Household status after divorce with 50/50 custody?

Thanks for the helpful info! I'm in a similar situation but my ex and I have our daughter on an EXACT 50/50 schedule. Like, we literally trade off every week. Would that disqualify both of us from claiming HoH since neither has the kid "more than half" the year?

For a true 50/50 custody split, it gets more complicated. When the qualifying person lives with each parent exactly half the year, neither parent meets the "more than half" test for HoH status based on that child. However, the IRS has a tiebreaker rule: if both parents have equal custody, the parent with the higher adjusted gross income (AGI) can be considered the custodial parent. But this tiebreaker typically applies to the dependency exemption, not necessarily HoH status. In your case, you might need to look at which parent provides more financial support or consider counting the exact number of nights to see if one parent has even just one more night with the child. Sometimes holidays or special arrangements can create a slight imbalance that puts one parent over the 50% threshold.

Did it actually work well with complicated custody arrangements? My divorce decree says we alternate claiming our son each year, but I have him 4 nights every week. I'm worried about getting audited if I claim HoH.

How does this AI thing actually know tax law? Seems kinda sketchy to trust computer software with something this important when the IRS could come after you.

It worked great with my complicated schedule. It specifically looked at the number of nights and explained that for HoH status, physical custody (nights spent) matters more than who claims the child as a dependent. It helped me calculate exactly how many nights I had the kids and what documentation I should keep. The AI is trained on actual tax regulations and court cases about custody arrangements. It's not making stuff up - it's just presenting the relevant tax rules in a way that applies to your specific situation. It even cited specific IRS publications and tax court rulings that backed up its advice, which made me feel a lot more confident.

How does this service actually work? Do they just call the IRS for you? Couldn't you just do that yourself if you're patient enough?

Sounds like a scam to me. Nobody can magically get through to the IRS faster than regular people. They probably just tell you the same info you could get from the IRS website or any tax preparer.

They don't call the IRS for you - they use technology to navigate the IRS phone system and secure a spot in line, then they call you when they've reached an agent who's about to be available. You're the one who actually talks to the IRS agent directly about your specific situation. You could definitely do it yourself if you have the time to call repeatedly, navigate the menus, and stay on hold for hours. I tried that approach for weeks with no success - either the lines were busy or I'd get disconnected after waiting for a long time. With Claimyr, I got through in one attempt, and it saved me literally hours of frustration.

This is super helpful advice, thank you! Did you use any specific type of documentation that worked particularly well? I've been thinking about using a shared custody calendar app that timestamps everything, but not sure if that's overkill.

The shared custody calendar app is actually a great idea! That's exactly the kind of documentation that works well. I used a Google calendar that both my ex and I had access to, and we'd mark drop-offs and pickups there. The timestamp feature turned out to be crucial. For additional proof, I kept copies of school records showing my address as the primary residence, receipts for expenses that showed my kids were with me (like groceries, activities, medical visits), and text messages about schedule changes. Photos with timestamps also helped establish where the kids were on specific dates. The IRS agent told me afterward that what made my documentation convincing was that it came from multiple independent sources that all aligned with my calendar. So definitely use that app, but also collect supporting evidence from other sources.

The Head of Household filing status is part of federal tax law, so the rules are the same regardless of which state you live in. What matters is the actual physical custody - if your daughter is with you more than 50% of the time in reality (regardless of what the agreement says), you should qualify for HoH. The fact that you're in different states might actually make it easier to document where your daughter spends most of her time. School enrollment, medical appointments, and travel records between states can all help establish that she's physically with you more than half the year. Keep detailed records of when your daughter is actually with you versus your ex, especially since it differs from your written agreement. The IRS cares about the reality of the living situation, not just what's on paper.

This is really comprehensive advice, thank you! I'm just starting to navigate this whole post-divorce tax situation and feeling pretty overwhelmed. The spreadsheet idea sounds manageable - do you think it's worth going back and trying to reconstruct the custody schedule from earlier in the year, or should I just start tracking from now going forward? I'm particularly worried about those "overnight" rules you mentioned. We have this weird arrangement where sometimes the kids stay late at one parent's house for homework help or dinner but then sleep at the other parent's house. Would those count as overnights for whoever they actually slept with, even if they spent most of the day elsewhere? Also, did you find that school records were easy to get? I'm not sure how detailed our school's pickup records are, but it's worth checking.

You're absolutely right to focus on where the kids actually sleep - that's the key factor for IRS purposes! Even if they spend most of the day at one parent's house, the overnight stays are what count toward the "more than half the year" test. Regarding reconstructing your schedule, I'd recommend doing both if possible. Start tracking meticulously from now forward, but also try to piece together as much as you can from earlier in the year using whatever records you have (texts about pickups, calendar entries, photos with dates, etc.). Even partial documentation is better than none. For school records, you might be surprised what they track. Many schools have detailed pickup/dropoff logs, especially elementary schools. Even if they don't have formal records, teachers often remember patterns of which parent regularly handles pickup/dropoff. Also check if your school uses any apps for communication - those often have timestamps that could help reconstruct your schedule. Don't forget about other sources too: pediatrician visits, extracurricular activities, even social media posts can help establish where the kids were on specific dates if you need to prove your custody percentage later.