Social Security Numbers
I have a divorce pending and my ex-husband wants my daughters social security number. I believe it is to claim her on his taxes since you get money back and he recently just put a new motor and transmission in his truck. I didn't work this past year so I can't claim taxes. He keeps threatening me about going to the judge since I wont give it to him. My lawyer said not to and I called the social security office and they said I personally don't have to, but he does have the right to go and get it from them. I don't see a reason for him to need her social security number since her doctor has it on file. What do ya'll think?
Comments
@DavidnAadynsMama I don't think it's fair that he gets to claim her at all since he pays nothing for her. I had to go buy everything for her because when I left him he took everything people had given us.
@RileyAndMe Atleast she doesn't have the right to go and get it. I don't have to give it to him, but he does have the right to go to the social security office and get it.
As the parent, the child is your qualifying child and as such is your dependent. If no parent of a qualifying child claims the child, and another individual is eligible to the treat the child as a qualifying child, that individual must have a higher AGI than the parent. AARP.com.
Last thing I saw was you saying it's a law. And asking where I got my info. Then I posted where I got the info from. Lol. Confused!
If you mean, that your mom said it's the law? It isn't. Also, the baby has not lived with the grandparents for half of the year.
Also, to the OP, I found more info but forgot to paste it here.
"The IRS does not allow for a single exemption to be “split” between the two parties in the same year. Parties who share physical custody of their children on an equal or almost equal basis will generally have an agreement as to handle the income tax exemption(s). If they cannot agree, the IRS will decide for them based on Adjusted Gross Income." <--Meaning, if you, yourself file (not your parents, because the 2.5 month old does not qualify as THEIR dependent, since your baby's qualifies as another taxpayer's [your husband] dependent), and your husband file at the same time (not online though, I am pretty sure if one of the child's parents file first, the second parent's filing will be rejected), the IRS will give the refund to the parent based on AGI. It also says that even if the husband doesn't file, the grandparents still might not be able to, as the child hasn't lived with them for over half of the year.
If you are a taxpayer, you can claim the baby. This is something that both of you need to discuss as adults until you get your divorce decree stating who can claim the child on whatever years. For this year, ask your husband why he feels like he should get the refund for the baby, since you are not living together, and someone else is taking care of both of you. Also, if you lived with him from January 1st until December 31st (along with other tests, such as your income) he may be able to claim you on his taxes.
The best thing to do would be to sit down and talk to to him about it. If he claims the child this year, the divorce decree (when you get it) will most likely put you as the next year's qualifying taxpayer. Taxes are difficult, you need a lawyer's advice, which you can get for free by calling ANY lawyer.
Sorry this is so long, I know it's frustrating when an ex tries to claim a child that should be claimed by the person taking care of the child.
So what happens is.. The IRS will flag it and audit BOTH of you.. as they did and are doing us again.
I had to send in..
Custody papers stating I have 85% custody.
And
Copy of the school registration that shows where they live
And
My lease that shows them on it.
This time the IRS is mailing me official papers stating that I have the right to file and always file unless custody and arrangements change.