@SK318 wrote:
per IRS rules both parents cannot claim HoH status in the same year.
There is no such rule. You can't both use the same child to file as head of household, because the child cannot have lived with both of you for more than half the year. But if you and your ex have separate homes, and you each had one child live in your home for more than half the year, you can both file as head of household, each using one of the two children.
Your divorce agreement cannot determine your filing status. Your filing status is determined by the federal tax laws. The divorce agreement cannot override those laws.
From your question, it's not clear who the two children lived with for more than half of 2021. If you are claiming one of the children as a dependent, but that child lived with your ex for more than half the year, you cannot file as head of household. When TurboTax asks how many months the child lived with you, select 5 or less. Then, as ThomasM125 said, TurboTax will recommend a filing status of single instead of head of household.
Is there another child who lived in your home for more than half the year, besides the two children that you share with your ex-spouse? If so, that other child could qualify you to file as head of household, even if neither of the two children that you share with your ex lived with you for more than half the year.
