claiming child on income tax.?

Question

my wife has custody of her child. the dad of the child just resently has another baby girl with his wife and now he wants to put my step daughter on his income tax return for this coming year.my wife has full custody of the child. i just found out also that he's mom went to go get a social securty card of the child without letting us now.are they legal to do that? even though my wife has the original S.S.

Answer 1

You can only have one social security number for any individual. You are able to get a duplicate card BUT you need to show the proper paperwork for the person and it always is the original birth certificate. Contact the Social Security Office regarding this additional birth certificate to make sure that there is only ONE. And should there be TWO numbers tell them of your concerns as someone may be trying to steal the child's identity.

Regarding who claims who on year-end income tax, this should have been sorted out during the divorce. It's time for your wife to contact her attorney or look at her final divorce degree.

In normal cases, the custodial parent claims the child on their income tax and the other parent paying child support claims this on their income tax.

IF this man does it illegally on his income tax, all you have to do is notify the IRS and they will handle it.

IF this man is not paying child support, make sure the court system knows this because the IRS will take it from him.

Answer 2

You need to talk to an IRS representative about this. If your wife was married to the father they should have settled this in court. If she was not married to him she has the right to claim the child every year. Why? Because she is providing more than 50% of the child's support. You two go ahead and claim the child. You are not responsible for changing your taxes even if he filed first. Chances are the IRS will catch up with him sooner or later. Your wife needs to ask him why the grandmother got a duplicate card. Unfortunately, yes, she is entitled as a grandmother to get a copy of it. BUT she would have had to get a certified birth certificate in order to do it - and that is legally her right, also. Perhaps she needed it for insurance purposes. Let's give Granny the benefit of the doubt - maybe she needed it to start a savings account or CD. Wouldn't that be nice? If you are afraid of what she might pull next you might need to go back to your wife's lawyer to write her a letter. She certainly should consult you before she does this kind of thing again! Good luck and just go on with your life being a good step-dad! Of course I'm wondering what type visitation takes place with Dad and his mother. The attorney might need to 'remind' them that there is to be no cross talk about the other parent in front of the child! Feel free to email me.

Answer 3

No if your wife has solely been caring for the child then it is her right to claim the child if both families claim the child the IRS will look in to it because it is illegal to do so they should also not be entitle to the child social security card they can use the social for more than just taxes like identity theft by using the child social on thing such as phones and so forth that can cause the child bad credit

Answer 4

As far as claiming a child on taxes, in Indiana, a non- custodial parent can claim a child as a dependent only, can not claim child for the earned income credit. To claim a child for the earned income credit the child has to physically live in your household more than six months out of the year. As far as who claims child as a dependent this was stated in my divorce decree, one parent usually gets the child even years and other parent gets child the odd years. *** far as the Social Security card only the custodial parent has rights to a Social Security card if for whatever reason a non- custodial parent needs the child's Social Security card it should be obtained through the custodial parent only. You need to contact the Social security Administration. You can contact them on line at www.socialsecurity.gov. I hope this helps you.

Answer 5

No they are not legal to do that. Report them to the Social Security Administration and the IRS.

Usually whether one parent or the other gets to claim the child on a tax form is settled during the custody hearing.

Answer 6

the person that pays more than 50% of support of the child gets to claim the child no matter who has custody. I claimed my granddaughter for a couple of years because she and her mom lived with me and i supported both of them. That includes food, housing, clothing and schooling. If you and your wife are paying more than 50% of this then you get to claim her. If the father tries to claim her he will be breaking the law and should be reported to the IRS. I would call the SS administration and tell them that someone is trying to get a duplicate SS card without the custodial parents permission because of identity theft i should be hard for her to get one. Then i would call the IRS and report what he is planning to do. I don't think His mother has a legal right to get a ss card for her granddaughter.

Answer 7

No one can be claimed without either a social security number (SSN) or an individual taxpayer identification number (ITIN). An ITIN is not available for anyone born in the U.S., so you will not be able to claim them without SSN's. If you are not able to get the social security numbers in time, then you can request an extension of the filing deadline.

Answer 8

If the father pays child support, he may be entitled to claim him. Your best bet is to call the IRS help line and ask them. Write down who you talk to and their ID #, date you called, and any other identifying info they give you. That way if you get audited, you'll be able to tell the IRS who you talked too and when.