Head of household question

[Taxhelp8]

Hi! I currently have one son and we alternate years we can claim him as an exemption per our divorce decree.  We signed the form 8313 for each other for these years.  His mom and I have 50/50 custody but technically in 2020 I had a few more years, but she gets the exemption.  Would I be able to file HoH even though she’s getting the exemption?  If it helps she’s filing married since she is newly married?

[Bsch4477]

If your son spent more nights with you then you are the custodial parent and can claim the EIC and child care credit as well as file as Head of Household if you are unmarried. You would give her the signed 8332 to allow her to claim the dependency and child tax credit. 

[Taxhelp8]

What if somehow she claims him too and I get in an audit with the IRS?

[Bsch4477]

The idea is that she does claim him for the dependency because you gave her permission to do it. You are not claiming the dependency. 

[Taxhelp8]

It feels tricky with technically 50/50 on paper.

[Bsch4477]

You have to coordinate with her.