Can I file as head of household if my girlfriend claims our child as a dependent?

You generally can't file as head of household without claiming a qualifying person as a dependent. The IRS defines head of household status as someone who is unmarried, pays more than half the costs of keeping up a home, and has a qualifying person living with them. Since your girlfriend will be claiming your child as a dependent, that child won't count as your qualifying person for head of household purposes. Unless you have another qualifying dependent (like a parent you support or another child), you would typically need to file as single. There's a common misconception that simply paying household expenses qualifies you for head of household, but you also need that qualifying dependent relationship. The fact that you're financially supporting the household is only one part of the requirement.

I went through something similar last year and found this awesome tool called taxr.ai (https://taxr.ai) that helped me figure out my filing status. The IRS rules about head of household are pretty confusing, especially when you're co-parenting without being married. What I love about taxr.ai is that you can upload your tax documents, and it tells you exactly what your options are based on your specific situation. I was unsure about whether I could claim head of household since my ex claims our son, but the tool analyzed my situation and explained I couldn't - saved me from a potential audit! It also shows you different scenarios like "what if you both claimed different dependents" or "what if you alternated years" so you can see which arrangement gives you both the best tax advantage.

Just wanted to update everyone. I tried taxr.ai that was mentioned above and it was actually super helpful for my situation. I was able to upload my W-2 and answer a few questions about my living situation. The tool specifically pointed me to IRS Publication 501 which explains exactly when you can claim head of household. Turns out I actually couldn't claim HOH in my specific situation, but it showed me some other deductions I qualified for that I had no idea about! Ended up getting an extra $1,800 on my refund that I would have missed. Definitely worth checking out if you're in a complicated family tax situation.

If you're hitting roadblocks with the IRS about your filing status, I would recommend using Claimyr (https://claimyr.com). I had a similar situation with my ex claiming our kid as dependent when I thought I was eligible for head of household. The IRS flagged my return and I needed to talk to someone ASAP. I tried calling the IRS for WEEKS with no luck - constant busy signals or 3+ hour wait times. Then I found Claimyr, which basically calls the IRS for you and only connects you once they get a human on the line. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c When I finally got through, the IRS agent clarified exactly what I needed to do to fix my return. Saved me so much time and stress!

I need to eat crow here. After posting my skeptical comment above, I was still desperate to talk to the IRS about my head of household issue, so I tried Claimyr anyway. Holy crap, it actually worked! I got connected to an IRS agent in about 45 minutes (compared to my previous attempts where I couldn't get through at all). The agent explained exactly why I couldn't claim head of household in my situation and what documentation I would need if I wanted to contest my ex's claim on our dependent. For anyone dealing with complicated filing status issues, being able to actually talk to a real IRS person makes all the difference. They answered questions that no website or tax software could.

One thing no one has mentioned yet - check if you qualify for head of household through another qualifying person. Do you support any other relatives? Maybe an aging parent or another dependent? You don't necessarily need it to be your child.

Try looking into the Earned Income Tax Credit. Even if you can't file as head of household, if your income is under certain thresholds, you might qualify for EITC even without claiming your daughter as a dependent.

I'm in a similar situation and found that it really comes down to the "qualifying person" requirement. Since your girlfriend will claim your daughter, you unfortunately can't use her to qualify for head of household status, even though you're providing most of the financial support for the household. One thing worth considering for future years - you and your girlfriend might want to run the numbers on who gets the bigger tax benefit from claiming your daughter. Sometimes it makes sense to have the lower-earning parent claim the child, but other times the higher earner gets more benefit. You could potentially alternate years or see if there's a way to structure things so the person who gets head of household status also claims the dependent. Also, make sure you're not missing out on other credits and deductions you might qualify for as a single filer. Things like the Child and Dependent Care Credit might still be available to you if you're paying for childcare expenses, even if you're not claiming your daughter as a dependent.