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Who files as head-of-household after a divorce?

On Behalf of Cullen Family Law Group | Feb 6, 2023 | Divorce |

If you are separated or divorced from your child’s other parent, it is likely you will want to file your federal income taxes as head of household. This filing status has many benefits for parents. But if you are divorced, only one of you can claim this filing status.

Tie-breaker rules when you cannot agree

Of course, if you and your child’s other parent can come to an agreement on your own as to who will claim your child as a dependent for the purpose of filing as head of household, this is often for the best. The Internal Revenue Service (IRS) tends to honor such arrangements.

But the IRS will not let both of you claim the child as a dependent for the purpose of filing as head of household. So, there are tie-breaker rules in place for determining which of you can claim this benefit.

If you are divorced from your child’s other parent, the IRS will allow the parent with whom the child lives with the majority of time to claim the child as a dependent for the purpose of filing as head of household. Generally, this is the parent who has sole physical custody of the child.

If you are divorced from your child’s other parent, and your child lives with both of you an equal amount of time, the IRS will allow the parent with the greater adjusted gross income to claim the child as a dependent for the purpose of filing as head of household. Generally, this is the case if you share joint custody equally.

Benefits of filing as head of household

There are benefits to filing as head of household post-divorce. Providing you are eligible, you can claim a larger standard tax deduction than you could if you were filing as a single individual.

Filing as head of household also improves your chances of qualifying for other tax credits and economic impact payments related to parenthood. Filing as head of household can really help you out financially, especially if you have a lower annual income.

If you and your child’s other parent can agree on which of you will file as head of household post-divorce, it can save a lot of stress come tax time. And keep in mind, if you cannot come to an agreement, the IRS will do it for you.

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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