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GSXTacy

Mr. January
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Got a question for my tax pros!

I am single and get to claim my daughter as an exemption on my taxes. I need to know if I can file as head of household (this makes a big difference in the return). We have joint-custity but she lives out of town and is only at my house about 1 month a year. I pay child support. My ex is remarried so that counts her out as filing head of household period if Im reading things correctly. All of the tax programs tell me she needs to live at my house at least 6 months. My divorce lawyer tells me I can claim head of household because I pay more than half of her support. Any Idea's???
 

Wag

Evil Demon Busa Rider
Donating Member
Registered
Nope. Has to live with you for six months.

Sorry.

PM me anyway.

--Wag--
 

NCpanther01

Registered
It's not that simple. Do you have in divorce decree that you can claim your daughter? If not your ex has to sing over your daughter witha Form 8332. I would advise yopu to pick up Pub 17 and check out 27-29. 1) Relationship 2) Age 3) Residency 4) Support 5) Special test. Hope this helps!

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300Busa

Chillaxin...
Donating Member
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(NCpanther01 @ Jan. 20 2007,22:06) It's not that simple.  Do you have in divorce decree that you can claim your daughter?  If not your ex has to sing over your daughter witha Form 8332.  I would advise yopu to pick up Pub 17 and check out 27-29.  1) Relationship 2) Age 3) Residency 4) Support 5) Special test.  Hope this helps!
Thanks for putting that in English for us
ices_rofl.gif
 

Wag

Evil Demon Busa Rider
Donating Member
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Residency. That's still where you get killed, no matter what.

--Wag--
 

GSXTacy

Mr. January
Donating Member
Registered
Yes, its in the divorce. I dont think either one of us can claim the head of household deduction.

PM sent Wag!
 

Wag

Evil Demon Busa Rider
Donating Member
Registered
(Rhythm @ Jan. 21 2007,02:32) Hey Wag, is this legit ?

Tax Credit
Yup. That is the case.

If you do your own return, make sure you use this credit. If you have someone else do your return, make sure they have a dollar amount in there.

--Wag--
 

Wag

Evil Demon Busa Rider
Donating Member
Registered
(GSXTacy @ Jan. 20 2007,19:59) Got a question for my tax pros!

I am single and get to claim my daughter as an exemption on my taxes. I need to know if I can file as head of household (this makes a big difference in the return). We have joint-custity but she lives out of town and is only at my house about 1 month a year. I pay child support. My ex is remarried so that counts her out as filing head of household period if Im reading things correctly. All of the tax programs tell me she needs to live at my house at least 6 months. My divorce lawyer tells me I can claim head of household because I pay more than half of her support. Any Idea's???
Back to your question, though, I found this on the IRS Web Site FAQ:

"'I am divorced with one dependent child. This year my ex-spouse will claim the child as an exemption. Does this mean I cannot qualify as head of household?'

You can file as head of household even though you do not claim your unmarried dependent child as an exemption if you meet all of the following requirements:

1. You are unmarried or considered unmarried on the last day of the year.
2. You paid more than half the cost of keeping up a home for the year.
3. A qualifying person must live with you in the home for more than half the year (except for temporary absences such as school)."

Similar to your situation. Except for the half year thingy. That really sucks.

As NCPanther said, however, it's a little more complex than that. Here are the rooolz. Scroll down to the heading, "Children of divorced or separated parents." There is ONE requirement there which may help you.

It's interesting to note that the tone of this section is one that says, "Try these out and if you screw it up, we're gonna get you because . . . ."

If you read that link I just put up, make sure you pay attention to when you read past the "Qualifying Relative" section. I may be partially applicable to you BUT it's confusing in regard to your children and it can be a literal minefield.

Tell me what you think.

--Wag--
 

GSXTacy

Mr. January
Donating Member
Registered
(Wag @ Jan. 21 2007,09:07)
(GSXTacy @ Jan. 20 2007,19:59) Got a question for my tax pros!

I am single and get to claim my daughter as an exemption on my taxes. I need to know if I can file as head of household (this makes a big difference in the return). We have joint-custity but she lives out of town and is only at my house about 1 month a year. I pay child support. My ex is remarried so that counts her out as filing head of household period if Im reading things correctly. All of the tax programs tell me she needs to live at my house at least 6 months. My divorce lawyer tells me I can claim head of household because I pay more than half of her support. Any Idea's???
Back to your question, though, I found this on the IRS Web Site FAQ:

"'I am divorced with one dependent child. This year my ex-spouse will claim the child as an exemption. Does this mean I cannot qualify as head of household?'

You can file as head of household even though you do not claim your unmarried dependent child as an exemption if you meet all of the following requirements:

  1. You are unmarried or considered unmarried on the last day of the year.
  2. You paid more than half the cost of keeping up a home for the year.
  3. A qualifying person must live with you in the home for more than half the year (except for temporary absences such as school)."

Similar to your situation.  Except for the half year thingy.  That really sucks.

As NCPanther said, however, it's a little more complex than that.  Here are the rooolz.  Scroll down to the heading, "Children of divorced or separated parents."  There is ONE requirement there which may help you.

It's interesting to note that the tone of this section is one that says, "Try these out and if you screw it up, we're gonna get you because . . . ."

If you read that link I just put up, make sure you pay attention to when you read past the "Qualifying Relative" section.  I may be partially applicable to you BUT it's confusing in regard to your children and it can be a literal minefield.

Tell me what you think.

--Wag--
I think I'm more lost now.
crazy.gif
 

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