I have a court order where the ex and I are to alternate who can claim the dependent on their respective tax returns. The grey area that comes into play is the Head of Household designation. By IRS rules if we split equal time with child (we do, it would be hard to ascertain who has the kid more), we would then use higher AGI as the deciding factor of who is the custodial parent (in the eyes of the IRS). If I am the custodial parent in the eyes of the IRS, and I file form 8332 -"Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent", can I still claim as Head of Household? Turbo Tax is letting me do this when I am going through the tax preparation process, but just want to make sure I am not violating tax law or my custody order.
