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My seperated husband is trying to claim our daughter on his taxes but we've been seperated and he didn't take care of her. EVER. I've always gotten help from the state for me and her. What do I do? Contact the IRS?

Answer Question

Asked by Anonymous at 9:34 PM on Jan. 22, 2011 in Parenting Debate

Answers (17)
  • Do you taxes before him. Or tell him you've already claimer her. He has to have her SSN, don't give it to him if he ask for it.

    Answer by mommy_of_two388 at 9:36 PM on Jan. 22, 2011

  • call your tax preparer and ask them..

    Answer by sandjmom99 at 9:37 PM on Jan. 22, 2011

  • I would yes.  The number is: 1-800-829-1040.


    Answer by MrsHouston47302 at 9:37 PM on Jan. 22, 2011

  • You are the one with the right to file. I would file and then if he files, you will be be looked at. You can prove she lived with you and he will be in trouble

    Answer by JLS2388 at 9:43 PM on Jan. 22, 2011

  • I think the other answers are pretty good. I would first try to do my taxes first,if you do and he trys to claim her it will kick his taxes back to him to correct. if he doesn't have her SSN I wouldn't give it to him.Bear in mind though that if he is on her birth certificate that he can get a copy and get a copy of her SSN from the Social Security office.You also can call the IRS and let them know what is going on they will look into it .The number posted above is correct...1-800-829-1040 I've called it many times to ask questions as I've done our taxes.

    Answer by cjsix at 9:48 PM on Jan. 22, 2011

  • This happened to my friend. her sons father who has only seen her 6 year old a handful of times claimed him on his taxes - he got into alot of trouble because she called the IRS !

    Answer by 2lilbumblebees at 9:50 PM on Jan. 22, 2011

  • Unless you do and claim your taxes before him, there is nothing you can really do. You said you guys are just separated so I'm assuming there is no divorce decree stating who is to claim your daughter, so if not, then my advice stays the same. You guys are still legally married and he currently has the same rights as you do to claim said child.

    Answer by worriedmommy600 at 9:54 PM on Jan. 22, 2011

  • If he didn't provide half her income, then, yes, call the IRS...I had to do that once and they took care of it:-)

    Answer by the_kimmers at 10:05 PM on Jan. 22, 2011

  • How long have you been separated? Since your still married, I would assume there is no child support order. I would have to think legally he has the right to claim her. With no divorce decree, no formal child support order, how is the IRS to know if he did or didn't care for the child? It's your word against his. So unless you file first I don't see them being able to do anything being that he is your husband. Just because she lived with you doesn't really mean anything. My divorce decree has us alternate years of claiming the kids even though they have always lived with me.

    Answer by Astraea_79 at 10:36 PM on Jan. 22, 2011

  • Wherever the child had resided a majority of the year is where they are to be claimed.try to do your taxes first, call irs and let them know what's going on and you can prove shes been with not sure if legally there is anything you can do because you argent legally divorced.

    Answer by szeimetz at 11:46 PM on Jan. 22, 2011

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