If I file as head of household, can other parent still claim child dependency?

This is actually a common question for unmarried parents. The short answer is no - you cannot file as Head of Household if your child is not your qualifying person (dependent). To file HOH, you need to have a qualifying person who is your dependent. If you live together with your child's other parent, the IRS generally considers this a shared living situation. Only one of you can claim the child as a dependent, and only that person can file as Head of Household. The box about being "separated" refers to legally separated couples who were previously married, not unmarried couples. Checking that box when you actually live together would be providing false information, which could lead to issues if you're audited. The IRS has specific "tiebreaker rules" for unmarried parents living together - generally the parent with the higher AGI gets to claim the child unless you agree otherwise.

I had a similar issue last year and used taxr.ai to help figure it out. I was confused because my girlfriend and I share custody of our son, and we weren't sure who should claim what. I uploaded my W-2s and answered some questions about our living situation, and it showed me the best filing strategy. You might want to check out https://taxr.ai since it breaks down all those complicated IRS rules into plain English. It analyzed our situation and showed that we'd actually get more back overall if she claimed our son and I filed single instead of both trying to claim HOH. Saved us from potentially getting flagged by the IRS too.

I wanted to follow up about that taxr.ai site I was skeptical about. I actually ended up trying it because my situation with my ex is complicated with our shared custody arrangement. It was surprisingly helpful - showed me that we were doing it all wrong for years! The tool flagged that I was missing out on EIC by letting my ex claim our kid every year when I was the one actually eligible for more benefits. The analyzer showed we'd get almost $3,000 more back collectively if we switched who claims what. Just filed last week and already got my refund which was way bigger than last year.

If you're having trouble figuring this out, you might need to talk directly to the IRS, but good luck getting someone on the phone! I spent HOURS trying to reach them about a similar dependent situation. I finally used https://claimyr.com and it was a game changer. They have this system that basically waits on hold for you and calls when an actual IRS agent picks up. You can see how it works here: https://youtu.be/_kiP6q8DX5c My question was about unmarried parents claiming HOH and dependents, and the agent confirmed that you can't both claim HOH for the same child, and that marking yourself as "separated" when you actually live together is a no-go. She explained all the tiebreaker rules and dependencies clearly. Saved me from making a costly mistake.

So I tried that Claimyr service after being totally skeptical about it. I'm actually embarrassed I doubted it because it worked perfectly. Got a call back in about an hour with an actual IRS agent on the line. I asked specifically about unmarried parents living together and who can claim what. The agent was super clear that only ONE parent can claim the child as a dependent and use HOH status. She explained that marking "separated" when you live together is considered misrepresentation and could trigger an audit. She also explained that we should look at the "support test" and who provides more than half of the child's support to determine the rightful claimant. Talking directly to the IRS gave me way more confidence about our filing decision than all the online forums and guesswork.

Just FYI, I work at a tax prep office, and we see this question all the time. If you're unmarried but living together with your child, here's the simple truth: 1) Only one parent can claim the child as a dependent 2) Only the parent who claims the child can file as Head of Household 3) The other parent must file as Single 4) Claiming you're "separated" when you live together is false information The IRS doesn't care about your relationship status - they care about your living arrangement. Two unmarried people living together with a child is still one household according to tax law.

Did anyone mention the "tiebreaker rules" yet? If both parents provide support and live with the child, the IRS has specific rules to determine who gets to claim the child: 1. First, parents can decide between themselves (if both qualify) 2. If they can't agree, it goes to the parent with whom the child lived the longest during the year 3. If the child lived with both equally, it goes to the parent with the higher AGI 4. If neither is a parent, it goes to the person with the highest AGI Just don't both try to claim the same kid or file HOH based on the same qualifying person. That's a quick way to get matching CP87 notices and have to prove who's right!

I see a lot of good advice here, but let me add one important point that might help with your decision-making process. Since you mentioned the potential $1,500 difference vs. having to pay $250, you should definitely run the calculations both ways to see your combined household benefit. However, I want to stress what others have mentioned about the separation issue - checking that box when you actually live together is considered tax fraud, not just a "gray area." The IRS defines separated as living apart with the intention of divorce or separation. Living together while unmarried doesn't qualify, regardless of your relationship status. For unmarried parents living in the same household, the general rule is that you can mutually agree who claims the child, but only that person gets to file Head of Household and claim all the child-related credits. The other parent must file Single. Make sure whoever has the better overall tax situation (considering income levels, other deductions, eligibility for credits like EITC) is the one claiming your daughter. If you're unsure about the calculations, consider using tax software that lets you model different scenarios, or consult with a tax professional who can run the numbers both ways safely and legally.