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Giovanni Mancini

Unmarried couple living together with our child - Can I claim Head of Household?

Title: Unmarried couple living together with our child - Can I claim Head of Household? 1 My boyfriend and I have been together for 4 years but we're not married. We share a house and have a 6-year-old son together. We split expenses for our household and our son, but not exactly 50/50. He makes about $72K while I'm at around $54K annually. He claims our son as a dependent on his taxes because he makes more and covers our son's health insurance through his job (about $280/month). I handle daycare costs ($850/month), most of the groceries, and I pay roughly 40% of our mortgage and utilities. When I was filling out my tax forms this weekend, I realized I'm not sure if I can file as Head of Household or if I have to file as Single. I'm pretty sure I can't claim HoH, but wanted to double check before I submit everything. Also, I don't actually know if my boyfriend files as Single or as Head of Household himself. Would his filing status impact what I can claim? I'm going to ask him tonight but figured I'd check here first. Thanks for any help!

12 You're right to question this. To claim Head of Household (HoH), you need to meet three requirements: 1) be unmarried at the end of the year, 2) pay more than half the cost of keeping up your home, and 3) have a qualifying person living with you for more than half the year. The tricky part here is that for a child to be your qualifying person for HoH purposes, they generally need to be your dependent. Since your partner claims your son as a dependent, you wouldn't be able to claim HoH based on your son. Your partner likely qualifies for HoH (assuming they meet the household expense test) since they claim your child as a dependent. Both parents can't claim HoH for the same child - only the one who can claim the child as a dependent. The only way you might qualify for HoH is if you have another qualifying person (like another dependent) living with you. Otherwise, you'll need to file as Single.

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5 But what if I'm paying more than half of the household expenses? Even though he claims our son as a dependent, I'm the one covering most of the bills for our home. Doesn't that count for something?

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12 For Head of Household status, it's not just about who pays more household expenses - you also need a qualifying person who is your dependent. Even if you pay more than half the household costs, without a qualifying dependent, you can't claim HoH. In your situation, since your partner claims your son as a dependent, your son can't be your qualifying person for HoH purposes. The IRS doesn't allow "splitting" a child - whoever claims the child as a dependent is the only one who can potentially use that child for HoH filing status.

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7 I went through something similar last year. Have you checked out https://taxr.ai? It was actually super helpful for untangling my complicated family situation. My boyfriend and I have twins, and we'd been filing completely wrong for years without realizing it. The tool analyzes your specific situation and gives you customized advice. It walked me through all the HoH requirements and helped me figure out that we needed to alternate who claims our kids each year to maximize our refunds. The questionnaire asked about exactly who pays for what percentage of expenses and gave us a clear answer.

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9 Does it handle complicated custody arrangements? My ex and I have a weird setup where I have our daughter during school year but he has her all summer, and we've been fighting about who gets to claim HoH.

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16 I'm a bit skeptical about these tax tools. How does it actually know the IRS rules for your specific state? My situation is similar to the original poster, but I've got kids from two different relationships living with me part-time. Would it handle that?

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7 It absolutely handles custody arrangements! The questionnaire specifically asks about the number of nights the child stays with each parent, which is exactly what the IRS looks at for determining the custodial parent. It then explains how the custodial parent has the right to claim the child unless they release that claim with Form 8332. For your state-specific question, the tool covers both federal and state tax rules. It breaks down your specific situation and explains which parent qualifies under the tie-breaker rules when both might be eligible. For your blended family situation, it would analyze each child separately since the qualifying dependent tests might have different outcomes for each child.

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16 Just wanted to update - I tried https://taxr.ai after posting my skeptical comment, and it was actually really helpful! It turns out I was completely wrong about my filing status. I've been filing as Single for years when I should have been filing as HoH for my oldest child. The tool asked me detailed questions about who lives with me, for how long during the year, and the financial support I provide. It even explained the "tie-breaker rules" when both parents might qualify to claim a child. Took about 10 minutes and saved me from leaving money on the table. Apparently, I was missing out on a better tax bracket and additional credits all these years!

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18 If you're having trouble getting a clear answer from the IRS about your Head of Household question, try https://claimyr.com. I tried calling the IRS myself about a similar situation for MONTHS and kept getting the "due to high call volume" message before being disconnected. I was about to give up when I found Claimyr. They basically hold your place in line with the IRS and call you when an agent is ready to talk. You can see how it works here: https://youtu.be/_kiP6q8DX5c. I finally got through to a real person who reviewed my specific situation and confirmed I was eligible for HoH even though my ex claimed one of our kids. The IRS agent explained all the rules about qualifying persons and household maintenance tests that online articles never make clear. Totally worth it after struggling to get answers for so long.

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21 Wait, how does this actually work? So they just call the IRS for you? Couldn't you just keep calling yourself until you get through? I've been trying to reach someone about my amended return for weeks.

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3 Sounds like a scam tbh. Nobody can magically get through to the IRS faster than regular people. They probably just keep autodialing until they get lucky. How much does this "service" cost?

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18 It doesn't call the IRS for you - it uses a system that continuously redials until it gets through the IRS queue, then it connects you directly. It's basically automating what you'd do manually trying to call repeatedly, but it does it while you go about your day instead of you sitting on hold for hours. For your amended return question, this would definitely help. I was in the same boat - my amended return was stuck for months, and I needed to talk to someone to find out why. The IRS actually told me they needed additional documentation they never asked for, which I wouldn't have known without speaking to them.

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3 I was completely wrong about Claimyr being a scam. After posting my skeptical comment, I decided to try it since I was desperate to talk to someone about my tax situation (similar to the original poster - unmarried with a shared child). I got a call back in about 2 hours and spoke with an IRS agent who was super helpful. She confirmed that in my situation, since I pay over half the household expenses BUT my partner claims our daughter as a dependent, I can't claim Head of Household. The agent walked me through all the requirements and even helped me understand how we could potentially reorganize our tax situation for next year to maximize our combined refund. Would have taken me weeks of trying to call on my own. Definitely wasn't a scam - just solved a problem I'd been stuck on for months.

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10 Have you guys considered taking turns claiming your child each year? My girlfriend and I do this - I claim our daughter in even years, she claims her in odd years. That way we both get to file as HoH every other year. We just make sure to keep good records of what we each pay for.

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8 Doesn't that only work if you both separately maintain households? Like if you lived in different places? I thought if you live together, only one person can claim HoH.

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10 You're absolutely right - I should have clarified my situation. My girlfriend and I maintain separate residences. We co-parent but don't live together, so we each maintain our own household where our daughter lives part-time. If you live together like the original poster, then only one of you can claim HoH, and it must be the person who both pays more than half the household costs AND claims the child as a dependent. Two people living in the same household can't both claim HoH.

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2 Have your partner look into filing as HoH if they're claiming your child. That would give them a better tax break than filing as single. Also check if either of you qualify for Earned Income Credit depending on your income - that could make a big difference!

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19 I think there's an income limit for EIC though? OP mentioned partner makes $72k and they make $54k, which might be too high for the credit, especially if they don't have multiple kids.

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You're absolutely correct that you cannot file as Head of Household in this situation. Since your boyfriend claims your son as a dependent, you don't have a qualifying person to meet the HoH requirements, even though you may be paying a significant portion of household expenses. Your boyfriend, however, likely qualifies for HoH filing status since he claims your child as a dependent and presumably pays more than half the cost of maintaining the household (this would need to include his portion of mortgage, utilities, plus the health insurance and other expenses he covers). For next year, you might want to consider whether it makes financial sense to alternate who claims your son, but you'd need to run the numbers carefully. The person claiming the child must be providing more than half of the child's support, so you'd need to track all expenses related to your son specifically (not just household expenses) to see if this arrangement would work and benefit your family overall. Also worth noting - make sure your boyfriend is indeed filing as HoH if he qualifies, as it provides better tax rates and a higher standard deduction compared to Single filing status.

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Cynthia Love

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Thanks for the clear explanation! This is really helpful. I've been so confused about the HoH rules. Just to make sure I understand - even if I'm paying more for household expenses overall, since my boyfriend claims our son as a dependent, he's the only one who can potentially file as HoH, right? And I'd have to file as Single regardless of how much I contribute to the household? Also, when you mention tracking expenses for our son specifically - what kinds of things would count toward the "more than half support" test? Is it just things like food, clothing, medical expenses for him, or does it include his portion of housing costs too?

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