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I've been divorced from my ex- husband for several years. We have one seven-year-old child together. This year my ex- husband wants to claim our child as an exemption on his income taxes, although in the past I have claimed our child as an exemption. Does having my ex-husband claim our child as an exemption mean that I cannot qualify as a head of household this year?
It's okay for you to file your income tax forms as a head of household even though you're not claiming your dependent child as an exemption, IF you meet all three of these requirements:
You're not married now, or you were considered unmarried on the last day of the income tax year.
You paid more than half of the cost of keeping up a home for the income tax year.
A qualifying person lived with you in that home for more than half the year (not counting temporary absences, such as for school).
The IRS (Internal Revenue Service) has more information about tax issues for divorced people on their website, http://www.irs.gov/faqs/. You can also get publications from the IRS to help guide you.
If you need further information or help with taxes before or after your divorce, contact an experienced family law attorney today to arrange a consultation.