Can I file as HoH? per judgement can file as HoH had 172 kids night, other adult not qualify child credit I have form8332, want file as HoH am ok to pay his lost tax $

[dimmi0205]

Can I file as HoH? - if my judgment states that I am entitled to file as HoH. I had 172 nights with kids. other parent does not qualifies for child tax credit and provided me with signed from 8332. however, I want to file as HoH and reimburse him his lost tax advantage, but he is not responding to offer. Am I eligible to file as HoH in line with judgement even though I had kids for 5.8 months and say yes to providing majority of the support? do I need to attach form 8332 if i file as HoH? I don't know if the other parent  has filed and under what status? I will owe taxes if I don't file as HoH.

[Vanessa A]

No.  You are not allowed to use your judgement to file taxes.  You must file your taxes based on tax law.  In order to file as HOH, the child must live with you for 183 nights or more.  So, you are technically short by 9 days.  This means, her other parent would have the right to claim her for HOH, if she spent the rest of the year with him.  

To file as Head of Household, you MUST have done ALL of the following:

• Pay for more than half of the expenses for a qualifying household
• Be considered unmarried on the last day of the tax year
• Have a qualifying child or dependent

Even with the signed 8332, this only gives you limited rights and that is to claim the Child Tax Credit.  You cannot claim the EITC or Head of Household.  

Tax Info for NonCustodial Parent