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posted Nov 16, 2022 9:31:17 AM

Divorce with children

In Colorado, my divorce will be final this year on Dec. 1. I've been a stay at home mom with no income for 17 1/2 years. After our final decree, I will be considered the custodial parent. We have agreed to alternate years for claiming the children on our taxes. Do I file as Head of Household even if I have no income but am still the custodial parent? Can the other parent who is not the custodial parent claim head of household when he gets to claim the children?

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1 Replies
Not applicable
Nov 16, 2022 11:13:36 AM

1.To answer your first question, yes you can file as head of household with no income, and when you're the custodial parent.

 

2.However, the noncustodial parent may not claim the child for the purpose of claiming head of household filing status, the earned income credit, the credit for child and dependent care expenses, the exclusion for dependent care benefits, or the health coverage tax credit.

 

https://turbotax.intuit.com/tax-tips/family/guide-to-filing-taxes-as-head-of-household/L4Nx6DYu9