Jan 30, 2008

Qualifying Child/Head of Household

1. Can someone other than your child be a qualifying dependant? My fiance and I have a son. We live together and have through all of last year. He was only working for part of the year and so I was taking care of both of them.

2. Related to the above: I am separated for more than 2 years, waiting on my divorce to be finalized. I have filed married filing separate before. Now that I have a child, can I file head of household?

ANSWERS: Thanks for your questions to us!
1) Since your son lived with you for the entire year and you provided more than half of your son's total financial support for the year, he qualifies as a dependent. But your fiance does not qualify unless his gross income for the whole year was less than $3,400 and you furnished more than half of his total financial support for the entire year.
2) You do qualify for head of household filing status if you are legally separated from your spouse under a divorce decree or separate maintenance agreement on the last day of the year. Just living apart for the year does not necessarily satisfy the requirement for head of household status.

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