My fiancee and I (we'll be married in March) share a daughter who is a year old. He has two kids from a previous marriage who are almost teenagers. He just recently had a child support order set in GA and they told him that he cannot use our daughter as a legal dependent, because she is "illegitimate." Does that make any sense, being how I can file child support for her, but he can't claim her? He is the sole provider in our household. Now his child support order is over 1/2 of his take home pay! Is this right?
2007-01-22 05:00:36 · 7 answers · asked by domonique_00 1 in Politics & Government ➔ Law & Ethics
I can tell my question isn't clear. My fiancee had a child support order issued against himby his PREVIOUS wife. When they were considering the amount, they did not let him use OUR daughter as a dependent, because we are not yet married. So, they say she is "illegitimate." I think this is wrong and unfair. Am I right?
2007-01-22 05:36:54 · update #1
I live in Virginia. My husband, who was then my fiance, had to sign a paternity acknowlegement form in the hospital to gain rights for our daughter. I guess if he had not signed it, he would be in the same boat as you guys. If yours signed something like that, then the child is legitimate. If he did not, maybe a dna test would make it legitimate?
2007-01-22 05:06:33 · answer #1 · answered by saveit 4 · 0⤊ 0⤋
With all due respect, it looks to me like you are mixing up several different issues where different authorities come into play. With whom are you "filing child support (with) for her?" Does this mean he pays you child support or that the state is paying you?
I am guessing you don't work, is this true? If you did in 2006 and have to file an income tax return in Georgia it makes sense to me that you could claim her. But I understand the state's position if you are getting child support of some sort from them relating to your daughter. Why should the taxpayers of the state support your child AND give somebody else a tax break associated with her care?
I guess you mean that you can get the state to make him pay you child support. And who is this child support order relating to? The daughter you and he had or his two other children?
The more I read this and think about it, with all due respect, the more confused I get. Perhaps you could clarify these facts a little.
I would ordinarily give up on this question at this point, but I've typed so much, I want my two points! LOL
2007-01-22 05:14:42 · answer #2 · answered by lmnop 6 · 0⤊ 0⤋
Georgia law is sometimes a bit outdated. did your fiance sign the birth certificate of the child the two of you share? if he did, then he's the father in the eyes of the law, if he didn't then in the eyes of the law he's not. if you do file a child support order for your daughter against your fiancee, it would be his dependant, illegitimate or not. i don't think this is an avenue you want to walk down though.
you really need to be asking someone that is familiar with GA law, because these sorts of laws vary greatly from state to state.
2007-01-22 07:13:11 · answer #3 · answered by ladylawyer26 3 · 0⤊ 0⤋
I have friends who went through the same thing about 4 years ago. They had 4 children and he always claimed them. Well with the last child, IRS did an audit and they were told by the IRS that he owed back taxes because he should have never claimed the children in the first place! Even though, the children were all born under his name. No matter what, it seems the IRS is ALWAYS right even when wrong. They fought it and fought it and lost, so they paid the back taxes and got legally married to make the IRS happy and get them off his back.
2007-01-22 05:08:58 · answer #4 · answered by Vida 6 · 0⤊ 0⤋
In Delaware (where I work in Family Court, doing Child Support orders), the natural mother and natural or acknowledged father are the people legally responsible for the support of the child. If this person is not legally the father of the child, he cannot claim it as a legal dependent, because he is not legally responsible. If the father is unknown, he could probable sign a paternity acknowledgment that would then make him legally her father, legally responsible for her support -- and legally able to claim her as a dependent. You would need to contact your Division of Child Support Enforcement (or whatever it is called in Georgia) for the full details on this.
2007-01-22 05:16:06 · answer #5 · answered by Yahzmin ♥♥ 4ever 7 · 0⤊ 0⤋
Certainly you don't really expect an answer here, do you? We have no idea. Ask the state of GA who told you this to explain why. Perhaps you need to go to legal aid and ask some questions regarding the child support order.
2007-01-22 05:06:06 · answer #6 · answered by oklatom 7 · 0⤊ 0⤋
that doesn't' make sense. Declaring someone as dependent for tax purposes has nothing to do with who the parents are. You could claim most anyone as a dependent. The key is that only one tax payer can claim them.
2007-01-22 05:06:10 · answer #7 · answered by Fester Frump 7 · 0⤊ 0⤋