head of household filing

[Joemcgrath]

If Divorced and have 2 children I claim one that is oin collage and my ex claims the monor child as head of household 

Can i also claim head of household for the 18 year old? She stays with me when she is home from school now and she is qualified dependent on my tax return. I never claimed head of household when she was a monor due to divorce her mother was considered the custodial parent bt now she is no longer a minor and spend most of her time at my house when home from school. and i also am the parent that does the fasfa for her and gets all her parent loans for school. 

Thanks you for assistance i just do not want to file incorrectly 

[KrisD15]

If the child is your dependent and meets the requirements, you could file Head of Household. 

Be sure the other parent does not still consider the child as their dependent. 

Since the child is a student, the sticking point is this- "What is the home of the child when they are at school?".

A dependent student is considered "at home" even when they are away at school.  If the other parent still has a room for the child, and the child is expected to return there once school is over, the other parent may still be claiming that student child. 

Only one Taxpayer can claim the student as a dependent. 

Please see this TurboTax Guide:

"The eligibility of a qualifying child or dependent extends beyond just your own son or daughter. To be considered a qualifying child, the child has to meet the criteria in each of the following categories:

• The child is your biological or adopted child, stepchild, foster child, sibling, step sibling, half sibling, or a descendant (child, grandchild, great grandchild, etc.) of one of these relatives
• The child lived within your home for more than six months during the tax year
• The child needs to be younger than you
• As of the end of the tax year, the child is under 19 if he is not a student, or under 24 if he is a full-time college student
• The child did not pay for more than half of their living expenses during the tax year"

[Hal_Al]

Q. Can i also claim head of household for the 18 year old?

A. Simple answer: yes.

As you appear to know, the key element is where does she "live".  Being away at college is only a temporary absence and she considered as living with the parent while away at school. Not being considered a minor is irrelevant.  If you're confident that her living situation amounts to her changing her domicile from mom's house to yours, then you can claim HoH.  It's a borderline situation. Usually the student is still considered domiciled at the home she left from, for school, unless she does something concrete to change it (e.g. mailing address).  Where doe she keep most of her stuff. Does she have or own bedroom. 

[Joemcgrath]

i am the only parent that claims the collage student she has a room at both houses but stays with me 

So i am assuming i can claim head of house hold for her

thanks

[Joemcgrath]

Yes her mailing address is my house for everything now she changed that at th school and for all she receives mail from

[Hal_Al]

It sounds like you're on firm ground to claim HOH.