Discussion:Head of Household Status vs. Physical Custody Status
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| If Mom keeps kids 4 days per week and Dad keeps kids 3 days per week, Dad will not be able to claim HOH status because he does not meet the test of having provided a household which is the principal place of abode for the kids for more than 1/2 of the year. Amount of support provided is irrelevant. If he wants both Mom and Dad to be able to retain HOH status, one child should be assigned to Mom for 4 days, the other to Dad for 4 days. (Probably a bad idea logistically.) | If Mom keeps kids 4 days per week and Dad keeps kids 3 days per week, Dad will not be able to claim HOH status because he does not meet the test of having provided a household which is the principal place of abode for the kids for more than 1/2 of the year. Amount of support provided is irrelevant. If he wants both Mom and Dad to be able to retain HOH status, one child should be assigned to Mom for 4 days, the other to Dad for 4 days. (Probably a bad idea logistically.) | ||
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| + | {{ForumReplyPost|UserID=Foxttron|Date=26 April 2006|Text=Isovegas, it seems that you may have some issues at stake. Have you considered hiring representation? I saw another post where you ask for a CPA certification done pronto, and I can see that you are navigating this unfortunate situation all by yourself. I suggest you hire somebody (attoney, CPA, etc.) that protect you in every aspect. Sometimes an investment upfront can save a lot of money (and remorse) later. Good luck.}} | ||
Revision as of 16:09, 26 April 2006
Discussion Forum Index --> Tax Questions --> Head of Household Status vs. Physical Custody Status
| 26 April 2006 | |
| My wife and I are currently getting divorced. During our first round of mediation, I agreed to allow her one day a week more than I with the custody. As a result, she is now the physical primary custodian, and I have to pay her child support. While I do have a problem with this, since she makes more money than me, I have accepted it.
Today, we met with the mediator again, to discuss future tax filing issues. I requested that we both retain head of household status, with one child each, since our time and expenses with the children are nearly equal. In fact, my expenses are actually greater, since I have to pay my soon to be former spouse $1,089 per month. According to the mediator, I am not entitled to claim head of household status unless I can prove to the IRS that I actually pay the majority of the children's expenses. I'm not sure if the mediator, who is a former family court judge, actually knows what he is talking about. However, even if he is correct, I'm sure I can prove this, based on the ridiculous child support payment I make every month. Can anyone shed any light on this subject for me, with references to the specific IRS code governing this issue? From my perspective, I contribute more to the children's finances than my spouse does, since we have nearly equal household expenses. My child support payment is the difference. Please help if you can. My trial starts on Tuesday. Thanks GK | |
| 26 April 2006 | |
| Unlike alimony you don't get any kind of deductions for Child support on your tax return. However if you can prove that you provide more than 50% support to the child you can claim the child with a HOH status after your final divorce. It also depends on the divorce agreement,who is going to claim the child. HOH rules change often and if I remember correctly some special rules apply for tax status for the parent who has custody of the child. | |
| 26 April 2006 | |
| You can file as head of household even though you do not claim your dependent child as an exemption if you meet all of the following requirements:
You are unmarried or considered unmarried on the last day of the year. You paid more than half the cost of keeping up a home for the year. A qualifying child (person) must live with you in the home for more than half the year (except for temporary absences such as school). You cannot both claim the child. you may find the third item hard to qualify for if you are not the primary custodian. Are you represented by competent legal counsel who understands both the legal and tax ramifications of divorce? | |
| 26 April 2006 | |
| There are more than one child involved. I agree with Isovegas, I don't think the mediator knows the tax code
Isovegas: Ask for a divorce degree that state which child will you be entitled to claim as your dependent. It would be better to retain the youngest one : more years ahead. Child support is not dedcutible, but it still count as your support. Your ex-wife should be reasonable. If you pay your burden and if the kids are spending with you a big amount of time I did not re-read the rules. But I don't see any problems that both of you can retain the H of H status in your situation. | |
| 26 April 2006 | |
| "In order to qualify for Head of Household status, a taxpayer must not be married or a surviving spouse at the close of the tax year. In addition, the taxpayer MUST MAINTAIN AS HIS HOME A HOUSEHOLD WHICH, FOR MORE THAN ONE-HALF OF THE TAX YEAR, IS THE PRINCIPAL PLACE OF ABODE of one of the following, who is a member of such household:" (listing omitted).
If Mom keeps kids 4 days per week and Dad keeps kids 3 days per week, Dad will not be able to claim HOH status because he does not meet the test of having provided a household which is the principal place of abode for the kids for more than 1/2 of the year. Amount of support provided is irrelevant. If he wants both Mom and Dad to be able to retain HOH status, one child should be assigned to Mom for 4 days, the other to Dad for 4 days. (Probably a bad idea logistically.) | |
| 26 April 2006 | |
| Isovegas, it seems that you may have some issues at stake. Have you considered hiring representation? I saw another post where you ask for a CPA certification done pronto, and I can see that you are navigating this unfortunate situation all by yourself. I suggest you hire somebody (attoney, CPA, etc.) that protect you in every aspect. Sometimes an investment upfront can save a lot of money (and remorse) later. Good luck. | |
