Well, here's one for you. I have sole legal and physical custody of my daughter. Her father has very limited visitation, and definitely does not live with her 50% of the year. He also happens to owe $6500 dollars in back child support. He knew that his tax refund was flagged to be intercepted, so in order to pay off the debt faster, he claimed our daughter as a dependent. My husband went to file his taxes last night and couldn't because (surprise) she had already been claimed. Well, I immediately picked up the phone and called him to ask him if he had claimed her. After much hemming and hawing, he said he claimed her accidentally. So now the tax refund that he was "owed" has been sent to the NC CSE and will be applied to his arrearages. How nice that 1500 of that is money he stole from my husband. Did I mention that I am a sahm and claimed as a dependent. We now have to hand file everthing, and I will have to send the money back to the IRS if it is sent to me before the IRS gets rolling on this. I know we will eventually get everything we are owed, but what a pain in th a@@! He knows he's facing big problems because he called this morning begging me to make a deal with him and please not report him. He didn't seem to understand that if we agreed to that, then I would be abetting his fraud. Ya' know, I just don't have enough fuzzy feelings for that. What an idiot. So my question is (now that I ranted) what, if any, other documents need to be submitted with my husbands tax return besides a copy of the custody orders?
love it hate it
02-22-2006, 05:49 PM
Well, here's one for you. I have sole legal and physical custody of my daughter. Her father has very limited visitation, and definitely does not live with her 50% of the year. He also happens to owe $6500 dollars in back child support. He knew that his tax refund was flagged to be intercepted, so in order to pay off the debt faster, he claimed our daughter as a dependent. My husband went to file his taxes last night and couldn't because (surprise) she had already been claimed. Well, I immediately picked up the phone and called him to ask him if he had claimed her. After much hemming and hawing, he said he claimed her accidentally. So now the tax refund that he was "owed" has been sent to the NC CSE and will be applied to his arrearages. How nice that 1500 of that is money he stole from my husband. Did I mention that I am a sahm and claimed as a dependent. We now have to hand file everthing, and I will have to send the money back to the IRS if it is sent to me before the IRS gets rolling on this. I know we will eventually get everything we are owed, but what a pain in th a@@! He knows he's facing big problems because he called this morning begging me to make a deal with him and please not report him. He didn't seem to understand that if we agreed to that, then I would be abetting his fraud. Ya' know, I just don't have enough fuzzy feelings for that. What an idiot. So my question is (now that I ranted) what, if any, other documents need to be submitted with my husbands tax return besides a copy of the custody orders?
usually the irs will inform you of what you need,if anything, after he files, they send a letter. they have requested school records and medical records.
he knew what he was doing when he filed, how can he not. i know how you feel to be expecting something and not be able to get it. jerk
mommyof4
02-22-2006, 06:23 PM
Thank you. Oh, now it gets better. I was curious as to how he had her social security number to begin with. Turns out his ex wife had a friend that managed to get this info for them. I knew that they had stolen my husband's ssn, but they just had to take hers, too. So now I get to go down and file to change my little girl's ssn. I probably wouldn't have any legal reason to gripe, except that it turns out that his ex got this info BEFORE they were ever married, and illegally, at that. Luckily for us, she talked all about how she got my husband's info in a deposition, so at least I have it on record. Now I don't know where she is and she has all this info. :eek: Identity theft, anyone???
love it hate it
02-22-2006, 06:36 PM
Thank you. Oh, now it gets better. I was curious as to how he had her social security number to begin with. Turns out his ex wife had a friend that managed to get this info for them. I knew that they had stolen my husband's ssn, but they just had to take hers, too. So now I get to go down and file to change my little girl's ssn. I probably wouldn't have any legal reason to gripe, except that it turns out that his ex got this info BEFORE they were ever married, and illegally, at that. Luckily for us, she talked all about how she got my husband's info in a deposition, so at least I have it on record. Now I don't know where she is and she has all this info. :eek: Identity theft, anyone???
find out if anyone abused their position to get the info, they'll be in trouble. good luck, post your outcome.
rini
02-22-2006, 08:49 PM
all that you need to provide is a copy of the birth certificate
if he is not on the birth certificate i think they will accept child support papers
also many of the states list the childs ss numbers on the filings
rini
mommyof4
02-23-2006, 05:57 AM
no, he told me his ex got it. She had a friend who had access to the records department. That information was accidentally revealed during a deposition. She wanted a copy of my husbands insurance card. When I told her that she could not have it because my husbands ssn was on it, her attorney said,"so what? She already has it." Needless to say, the questioning during the deposition took a new direction. Thanks for answering. :)
ncmaureen
02-23-2006, 06:27 AM
If you claim your daughter also they Irs will audit you both and find out where the child lived more than 50% of the time (new law 2005) and award the taxes that person. My x is asking to claim our 3 children when he was out of state for 2 years and saw them only 8 weeks out of those two years. I haven't filed my taxes yet to find out if he did but I have looked up these laws because last year he tried to claim them after I already told him I was.
Good Luck,
hauoli
02-23-2006, 06:55 AM
My husband was granted the right to claim his daughter on his taxes through his divorce decree whether she lives with us or not. Her mom has claimed her every year since their divorce in 1999. We can never file electronically since she files first. Last year we were audited by the IRS for 2002 and 2003. We had to provide a copy of his divorce decree and a copy of the signed IRS Form 8332 that is for "All Future Years" .... even though we include the 8332 with our tax packet every year. After about three months we received another letter from the IRS letting us know that they have not disallowed his claim for his daughter.
So, even though she doesn't live with us, we have the right to claim her as a dependant on our tax returns.
ncmaureen
02-23-2006, 07:06 AM
Yes through an agreement the other party can claim the children. If there is no agreement and both parties want to claim then taxes are awarded to whom the child resided with over 50% of the time.
shedo
02-23-2006, 08:02 AM
Thank you. Oh, now it gets better. I was curious as to how he had her social security number to begin with. Turns out his ex wife had a friend that managed to get this info for them. I knew that they had stolen my husband's ssn, but they just had to take hers, too. So now I get to go down and file to change my little girl's ssn. I probably wouldn't have any legal reason to gripe, except that it turns out that his ex got this info BEFORE they were ever married, and illegally, at that. Luckily for us, she talked all about how she got my husband's info in a deposition, so at least I have it on record. Now I don't know where she is and she has all this info. :eek: Identity theft, anyone???
My husbands ex was convicted for identity theft a few years ago. We became concerned about the children's ssn's after his daughter said they received a cc application in the mail in her name and her mom sent it in "just for fun". I called all around and found that you can put a block on thier social security number so that no credit can be applied for on thier ssn until they are 18 years old. I can't remember exactly how I went about it, but I think I did it through one of the major credit bureaus. Call them and ask about it. You can't prevent anyone from finding out their ssn, but you can prevent them from using it while they're still a minor.
ncmaureen
02-23-2006, 09:45 AM
Please post or email me with what happened. I am interested in the new law because every year my x tries to claim them even when they are living here and I am afraid that he is going to try again this year when we made an agreement that I would claim them this year and he could next if he had them 50% of the time.
xena
02-23-2006, 03:42 PM
I was curious as to how he had her social security number to begin with.
There is nothing wrong with a FATHER knowing HIS child's social secuity number, as a matter of fact, as the father he has every legal right to know the number.
Now, on the other hand, IF the father (or his wife) were to USE his daughter's SSN to get credit, etc. THAT is identity theft.
Neither the father nor his wife have any legal RIGHT to know your husband's SSN, although it is NOT illegal for them to know it. IF either of them USE the number for any purpose other than what is legal (ie: public records search) they can be charged with identity theft.
Another posted pointed out something that is very true, there are alot of ways of finding a SSN, one of which is by looking at public records filings in court cases. Just because he (his wife) was able to get the numbers does not automaticlly mean they were obtained illegally.
Xena :)
mommyof4
02-23-2006, 04:53 PM
no, Xena, you misunderstood. As I stated in a previous post, if her father had gotten her ssn, it would not have been a problem. His ex (who at the time was his girlfriend) was friends with a clerk,who gave HER the information. At no time did either of them have any right to get my husband's ssn. I ran a check yesterday on my daughter's and my husband's ssn yesterday and 3 accounts have been opened using my 10 year old daughter's #. FYI, in NC a person is not allowed to copy or photo any info in the clerks office. They can look at the document. You have to pay for any copies THEY make for you, and you have to present ID to prove you have any right to get a copy. She (the ex) admitted during her deposition that she got the info illegally. SHE had no right to any of our numbers. At the time she did this, we didn't know she even existed in this world. When she got this info, I had not heard from my daughter's father for 2 years, so you can see why I would be a little upset. As it turns out, I was right to be worried.
xena
02-24-2006, 10:00 AM
no, Xena, you misunderstood. As I stated in a previous post, if her father had gotten her ssn, it would not have been a problem. His ex (who at the time was his girlfriend) was friends with a clerk,who gave HER the information. At no time did either of them have any right to get my husband's ssn. I ran a check yesterday on my daughter's and my husband's ssn yesterday and 3 accounts have been opened using my 10 year old daughter's #. FYI, in NC a person is not allowed to copy or photo any info in the clerks office. They can look at the document. You have to pay for any copies THEY make for you, and you have to present ID to prove you have any right to get a copy. She (the ex) admitted during her deposition that she got the info illegally. SHE had no right to any of our numbers. At the time she did this, we didn't know she even existed in this world. When she got this info, I had not heard from my daughter's father for 2 years, so you can see why I would be a little upset. As it turns out, I was right to be worried.
Since the SS numbers have been used to open accounts, they HAVE committed identity theft. Have you have turned the evidence over to the DA for prosecution? If not, you need to do so ASAP.
Xena :)
mommyof4
02-24-2006, 10:19 AM
handling everything today. Thanx!
shedo
02-24-2006, 10:24 AM
handling everything today. Thanx!
Like I said in previous post, contact the credit bureaus also and make sure they put a block on your daughter's ssn so it can't be used for identity theft again (until she's 18). Just because someone gets busted for identity theft doesn't mean they won't do it again.
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