Expert Q&A

If my son lives with me most of the year, but lives with his mother for the summer, what's my filing status?

My 11 year old son lives with me most of the year, but goes to visit his mother for the summer and typically a few weeks around Christmas. She claims him as a dependent in the terms of the divorce. What is my filing status?


Related Topics: Tax Returns and Preparation, Taxes
Related Tags: Divorce, Tax Planning, Dependent
George Sleeman
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By George Sleeman - Tax Man To You, LLC
Answered almost 3 years ago

Because she claims him as a dependent does not give her the complete rights to all the tax advantages.

You can claim head of household because you provide over 50% of his support and he spends more nights at your house than hers. Because you supply the support, you are also entitled to the earned income credit, but not the child credit.

I hope this helps.

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