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Can a taxpayer claim HOH, he is single & has joint custody of two children? TP claims son & EX claims daughter.

tan29
Level 1
TP provides > 50.0% of sons support.
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TaxMonkey
Level 8

Did he pay more than 50% of the costs of providing a home?

A qualifying person lived in the home for more than 6 months


His custody order does not matter.  Who "claims" the children does not matter.  What matters is if he meets the specific tests to be head of household.  This is only determined by the facts.  Child support and costs of providing a home, are not the same things,

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2 Comments 2
TaxMonkey
Level 8

Did he pay more than 50% of the costs of providing a home?

A qualifying person lived in the home for more than 6 months


His custody order does not matter.  Who "claims" the children does not matter.  What matters is if he meets the specific tests to be head of household.  This is only determined by the facts.  Child support and costs of providing a home, are not the same things,

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tan29
Level 1
The answer to both of your questions are "yes"
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