It's a really gray area, which I don't recommend. The main problem is the timeline. For him to claim HOH with your baby, he has to be able to say he provided more than half of the household support, which is obviously when you were living there as well, and both cannot claim HOH for the same living space. He can't claim Head of Household if he didn't have a qualifying dependent, which was the case when he lived in the prior location. From that sense the answer is no, but there is a technicality side of it. By IRS law, your baby technically lived with him all year. This technicality could allow him to claim HOH, but it's begging for the IRS to audit it, and I don't like the chances of them ruling in your favor on this.
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