Was I eligible for Head Of Household?

Question

I am married but going through a divorce (unmarried)

I moved out from our family home in June (6th month of the year).

My wife says she was supposed to claim our daughter because she had her 8 months out of the year and that I was not eligible for Head of Household status, but it's her word against mine.

I would only be with our daughter during the weekends until late August, when my wife had to leave out of state due to a promotion.Then my daughter started to live with me.

Answer 1

He says/she says.

The IRS is going to ask for proof.

Your wife shows she had the girl until she left in August.  243 days.

You show you got your own place in June and took over in August (those weekends don't count).  Maybe 288 days.

If you can show you were living in the home until June *and* had the girl from September to December, you can win.  However, your wife is going to claim she was temporarily away from home on business so that her absence in Sept-Dec doesn't count (which would give her 365 days).  You are going to have to show that the child lived with YOU in YOUR home not hers.

This will get nasty since both of you clearly claimed her as a qualifying child and with that HOH, child tax credit and EIC....

Answer 2

To be eligible for head of household you'd have had to not live with your spouse at any time after June 30 (OK there) and have a qualifying person for head of household, who must live with you for over half the year unless they are your dependent parent.  

Sounds like your daughter lived with YOU for 9 months (Jan-May, then Sept-Dec, so you would be the one who could claim your daughter as a dependent, and claim head of household.

If you both claimed her, it will come down to proof of how long she lived with each of you.  If she's in school, things like school records for the Sept-Dec period should show that.

Answer 3

If you filed separately and your ex listed your daughter as a dependent, then you do not qualify for head of household.