Expert Advice When You Need It Most

Head of Household?

Can someone be more specific about the "head of household" filing status? I understand what it says in the IRS code about a "qualifying person" being a child or relative. But the child qualification is a little vague to me. It just says resides with for 6mos. What if parents have joint custody and each parent spends 178 days a year with the child and both parents keep a home for the child? What if the child technically spends the night at moms house the majority of the time but actually spends more time with the other parent.
Also I thought I read somewhere that a live in boyfriend/girlfriend could be used as a "qualifying person" in regards to filing as "head of household"

Save

Attorney answers (1)

Avvo Pro

Reputation Level 20
if you have joint custody the divorce or custody agreement should spell out who gets the tax benefits of filing as head of household and/or claiming dependents. If this isn't specified in your agreement you need to go back to court. I don't know anything about live in significant others qualifying anyone as head of household. Ask a tax attorney or for a cheaper opinion try a tax preparer.
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now