I am near the end of my divorce and hasd a question about my new filing status. I get to claim all 3 of my children on my taxes but only have 33% custody of the children. My ex will probably not have to file her taxes for 2010 because alimony is only about $850 / month and of course child support is not reportable. I know the general rul is the person with more than 50% custody gets o claim Head of Household but since I get to claim all three children can I claim this status and be acceptable to the IRS?

Thanks for your response!

Head of Household
You may be able to file as head of household if you meet all the following requirements.

You are unmarried or “considered unmarried” on the last day of the year.

You paid more than half the cost of keeping up a home for the year.

A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent , later, under Qualifying Person.

See for details
Publication 501 (2009), Exemptions, Standard Deduction, and Filing Information

To answer your question, you CAN claim your children's exemption if you provide more than HALF of their support (and your ex-wife agrees, since she is the custodial parent), but you CANNOT file as Head of Household.