IMPORTANT ...can he claim her again?

[smilerayray]

Last year leahs father claimed leah on the income tax .. this year I'm working & want to claim her we'ree both not together and I need to know if theirs a way I can claim her ..does he need the actual social card again to clain her or just the number? We live in new york ..now he has 3 jobs I just started my first job 3 monthsago I'm 18 he's 21 he has a car & I don't. Ddo you even need the social card to claim a child? Please please help .

[ta2dirishlass]

Quoting MeeshMom:

The parent who the child lives with the majority of the year lawfully gets to claim the child. He already has the kids social if he claimed them on his taxes. It will show on page 1 of his tax return. You have to file before him next year or talk to an attorney and see what can be done. You will both get audited and he will lose if it can be proven the kid doesn't live with him or he doesn't have over 50% custody. If you don't have your kids SS card you need to get it. That's very important to protect.

[tyfry7496]

It depends what your child support or custody papers say. Mine say I claim my son every year. Some orders may state every other year. My ex tried one time to file. Well he did file. I informed the IRS that I had court order that states he cannot claim my son ever. He got busted by the IRS and I received his entire refund from fed and state. Which was a lot more than he owed in back support.

[quickbooksworm]

Whoever has her 51% of the time can claim her as per the IRS.

[tyfry7496]

Not if a court order states otherwise. That's why my court order states I claim every year. My friend gets every other and her ex doesn't have the kids more than 4 days a month and pays 20% child support.

Quoting quickbooksworm:

Whoever has her 51% of the time can claim her as per the IRS.

[hello_kitty25]

Your not together? Don't you have a parenting plan? Its the custodial parent here in WA. And if my ex claimed dd he would get the money, but I can Sue him in court and I will get the money back. You just need the Ssn not the card. What I do is just make sure I get my return back ASAP before he can. I use turbotax.com it only takes like 10 days to get it to u

[Andrewsmom70]

If you have majority custody you are the one to claim her. Otherwise you have to fill out a federal form giving him permission to claim her.

If he claims her without it being in the custody agreement and you don't sign the form, he could get in legal trouble.

You don't have to let him claim her- ever, if you don't already have it in legal papers.

[quickbooksworm]

OP did not say anything about a court order. The IRS isn't in the business of mediating court orders unless the order violates their policies. I do tax prep for a living. If someone is claiming kids and sees them 4 days per month it seems like violation of federal regulation would be grounds to modify a shitty agreement.

Quoting tyfry7496:

Not if a court order states otherwise. That's why my court order states I claim every year. My friend gets every other and her ex doesn't have the kids more than 4 days a month and pays 20% child support.

Quoting quickbooksworm:

Whoever has her 51% of the time can claim her as per the IRS.

[mommaJewels2011]

Quoting SaraSnider:

Just the number i do believe, and if you make sure u claim her first he cant.

[LifeCafe42]

He needs to have either an agreement or 51% good luck!

[RabsBaby]

It clearly states on the tax forms that you claim a child who HAS LIVED WITH YOU OVER 6 MONTHS. That means he has no right to claim her. Make sure YOU file your taxes ASAP & you will get your refund. Tell him what the law is as well. If he still decides to claim her, & you guys get audited, HE will be in big trouble & may lose out BIG TIME. My kids Dad did this many years ago. Because he chose to claim them anyway, after I had already done so, & they did not live with him (he had them most weekends) the IRS made him pay back all the money they send him & he was placed on some type of watch for his taxes EVERY year for a LONG time. He couldn't claim any dependents!! He never tried that again.