Groundhogday wrote:Since your wife has nothing to gain by trying to claim that two children spent the majority of nights with her, I don't know why she would throw a wrench into the works.
If you can't trust your wife, then keep a detailed log of every night the kids are with you and don't claim HoH unless one of the children really was with you a majority of nights for a given tax year.
Sorry don't mean to truncate your reply Groundhog. I agree that as long as both people can get along fine (and the key words are get along), then the IRS doesn't have anything to stand on. However the bigger issue is what happens if one them gets p-ssed off at the other and claims both children for HoH? Unfortuantely if a person doesn't have good documentation, one is scr-wed out of the HoH. So I think you are spot on Groundhog by stating keeping a detailed log.
I would also suggest that if it is written into the order that each person gets to claim a child for HoH purposes, not figuring that into your paycheck for tax purposes, but taking it when the return is filed for the year. This way one if the other gets a burr up you no where by claiming HoH on both kids, you aren't out money right away, and can let the IRS sort it out. Hope that makes sense.