Separated with child claiming head of household

[curtiscsc]

I'm recently separated (never married) and will be claiming my daughter this year where my ex partner will claim her next year. If I file "head of household" will this have any impact on my ex partners return? The question on TurboTax has the answer "No, someone else paid more than half the cost", but technically it was split evenly where no one else paid more than half the cost. I'd like to ensure me filing head of household (as I'm claiming my daughter this year) will not impact my ex partners taxes this year. 

[NCperson]

@curtiscsc - to claim HOH, you must provide for over 50% of the household expenses.  I suspect only you can do that in this situation,  Even if you say it was "50/50" one of you paid at least a penny more than half the household expenses. 

There is a separate set of rules for who claim claim the child.  Assuming the child lives with you, you are the custodial parent and hold all rights to the tax credits available.  By signing form 8332, you can give the other parent the right to claim the Child Tax Credit (plus the other dependent credit and educational credits), but that is all.  You can not pass the right to any EITC tax credits or the right to file HOH to the other parent.  

The other parent will file SINGLE, even next year when it is their turn to claim the child. 

So what that means is next year, you will BOTH claim the same child, but for different purposes.  The other parent will claim the child for the sole purpose of the child tax credit (and you will grant that right by providing form 8332 to the other parent).  You will claim the child for all other purposes, including to file HOH.  

it is confusing.  

[LindaS5247 · Accepted solution]

If you file head of household it will not affect your partner's tax return. One of the requirements of claiming a dependent is that you provided  more than half of their support.  

You have never filed a joint return if you were not married, so your returns aren't really tied together (other than that you will share a dependent).

To qualify, you have to meet certain criteria. To file as Head of Household, you have to:

• 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

Click here for "Guide to Filing Taxes as Head of Household"

[NCperson]

@curtiscsc you didn't state when you went your separate ways. 

Based on the IRS tie-breaker rules, the parent who the child lived with for more of the year is the custodial parent. 

if you three all lived together the entire year, then the 2nd tie-breaker rule is whomever earned the most money is the custodial parent and controls all the tax credits.