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Level 3
March 10, 2026

Head of Household

  • March 10, 2026
  • 1 reply
  • 13 views

I have a divorced client with 2 children.  As per the divorce agreement, the father claims the oldest child every year and the mother claims the youngest.They have joint custody and the children stay with one parent for a week, then go to the other parent for the next week.  I know the rules for which one claims head of household, however, I was wondering since each one consistently claims one child, and since the number of days during the year the children are with each parent are nearly equal, is there a way both can claim head of household? Or do I need to stick to the # of days rule each year to see if my client claims HOH or single?

    1 reply

    George4Tacks
    Level 15
    March 10, 2026

    It is the number of NIGHTS rule. Where did the child sleep. 183 nights wins. Leap year is a problem, but more than half of 365 is 183. 

    Answers are easy. Questions are hard!