The question is where the children live. If they lived with you for more than 6 months, and you lived apart for the last 6 months of the year, then you can claim HOH. If they did not live with you, only your spouse may claim HOH. If you lived with your spouse any time after July 1, neither of you may claim HOH. Expenses paid is not the issue, residency is.
If you are not the custodial parent, you must have form 8332 signed by your spouse to claim the children.
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