Divorce not Finailiazed & Claiming Child on Return

[y99ahmad]

I am a father been separated from my wife since January 2023, filed for divorce in July 2023; the divorce is not finalized yet. What should I choose for my filling status? and who get to claim our child as a Dependent, given I have been paying voluntarily child support (no court order yet) for the past six months? My ex-wife has already filled her return as "Head of Household" and claimed our child as a dependent on her return. Thank you

[RobertB4444]

If your child has been living with her then she gets to claim them.  Even if you have been paying for child support.

You have to file as married filing separately.

In your divorce decree you can request that as the non-custodial parent you be allowed to deduct your child on your taxes every other year.  That's pretty standard.

@y99ahmad 

[Edited 03/13/24  04:43 PM PST]

@y99ahmad

[Bsch4477]

Your filing status is married separately. Assuming that the child lives with her she qualifies for Head of Household if she maintains a household and she is appropriately claiming the child. Your paying child support is not relevant to the tax situation.