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One (divorced) parent has one child more than 50% of the time, the other has the 2nd child > 50%. We each claim one dependent. Can we each file Head of Household?

We can each file single, with a dependent.  But if our dependent is staying with us more than half the year,  both of us could file as HoH with one dependent.  Right?  

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Accepted Solutions
rjs
Level 15
Level 15

One (divorced) parent has one child more than 50% of the time, the other has the 2nd child > 50%. We each claim one dependent. Can we each file Head of Household?

You can only use a child to file as head of household if the child actually lived with you for more than half the year, even if you can claim the child as a dependent. Claiming a child as a dependent does not automatically allow you to use that child to file as head of household. If you claim the child as a dependent, but the child did not live with you for more than half the year, you cannot use that child to file as head of household.

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3 Replies

One (divorced) parent has one child more than 50% of the time, the other has the 2nd child > 50%. We each claim one dependent. Can we each file Head of Household?

In a year in which there are 365 days, it is impossible to equally share a  particular child.  The parent with whom each child spent the most number of nights is considered the custodial parent.

Edit:. OP changed the question and information after this comment was made.  OP had originally made no reference to unequal custody sharing of children.
rjs
Level 15
Level 15

One (divorced) parent has one child more than 50% of the time, the other has the 2nd child > 50%. We each claim one dependent. Can we each file Head of Household?

You can only use a child to file as head of household if the child actually lived with you for more than half the year, even if you can claim the child as a dependent. Claiming a child as a dependent does not automatically allow you to use that child to file as head of household. If you claim the child as a dependent, but the child did not live with you for more than half the year, you cannot use that child to file as head of household.

rjs
Level 15
Level 15

One (divorced) parent has one child more than 50% of the time, the other has the 2nd child > 50%. We each claim one dependent. Can we each file Head of Household?

OP changed the question after responses were posted.
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