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needhelpfl
Jan 25, 2010, 06:53 AM
I need some advice... what are some ways that I can make a non custodial parent give me back my child social security card he won't give it to me at all and we made an agreement verabel 1 but he's very bitter towards me and I really need to know how to get the card asap

Synnen
Jan 25, 2010, 07:27 AM
Go to your local Social Security office and file for a new card on behalf of your child.

ebaines
Jan 25, 2010, 08:44 AM
Go to your local Social Security office and file for a new card on behalf of your child.

Right. You will need the birth certificate - do you have that?

this8384
Jan 25, 2010, 09:07 AM
If this is the same father that you're talking about in the other thread:
http://www.askmehelpdesk.com/family-law/when-do-fl-law-apply-custody-issues-434652.html
You could request in court that he return the SS card.

Otherwise yes, apply at the SS and bring proof that you are the child's biological parent.

needhelpfl
Jan 25, 2010, 09:44 AM
If this is the same father that you're talking about in the other thread:
http://www.askmehelpdesk.com/family-law/when-do-fl-law-apply-custody-issues-434652.html
you could request in court that he return the SS card.

Otherwise yes, apply at the SS and bring proof that you are the child's biological parent.


Yes I have the certificate... thanks for the advice everyone... I spoke with the ss office and they say I have to bring proof that the child stays with me due to custody reason... I need the ss card so I can file my child... if you know the ssn do you even need the sscard?. would filing online before he do be the best way?. he canceled the court hearing from last week and I don't know when the next court date will be so that I can get the ss card...

ebaines
Jan 25, 2010, 09:54 AM
You need to know the SS number, but you do not need to have the physical SS card with you in order to claim the child as your dependent on your income taxes. If you e-file first and claim the child it will avoid a headache for you. If he beats you to it and e-files first, claiming the child as his dependent, then you won't be able to e-file. Your recourse then is to file using an old fashioned paper return, claim the child as your dependent, and attach an explanation that you are the custodial parent. It may take the IRS a while but eventually they will follow up to see who is the rightful person, so keep proof that you are the custodial parent - such as your divorce decree naming you as the custodail parent and the child's school and/or medical records.

Fr_Chuck
Jan 25, 2010, 10:04 AM
Yes, as long as you know the SS number you don't need the card to file your taxes.

Also, when working with govermnet offices please don't give them your life history, they don't need to know about divorce, separation and more, in fact you can merely use a form and send in for a new SS card though the mail.

needhelpfl
Jan 25, 2010, 10:10 AM
You need to know the SS number, but you do not need to have the physical SS card with you in order to claim the child as your dependent on your income taxes. If you e-file first and claim the child it will avoid a headache for you. If he beats you to it and e-files first, claiming the child as his dependent, then you won't be able to e-file. Your recourse then is to file using an old fashioned paper return, claim the child as your dependent, and attach an explanation that you are the custodial parent. It may take the IRS a while but eventually they will follow up to see who is the rightful person, so keep proof that you are the custodial parent - such as your divorce decree naming you as the custodail parent and the child's school and/or medical records.

We are unwed... the only thing that I have is from child support saying I'm the custodial parent will that be good enough until the child support hearing go to a jurdicial court that the father requested??

I'm not sure what school and medical records will be needed can you give me more info on that so that I can be able to get those things

this8384
Jan 25, 2010, 10:12 AM
we are unwed...the only thing that i have is from child support saying im the custodial parent will that be good enough until the child support hearing go to a jurdicial court that the father requested???

im not sure what school and medical records will be needed can u give me more info on that so that i can be able to get those things

How old is the child? Who has claimed him/her the previous year(s)?

You can claim the child but depending on the courts ruling, they may allow the father the exemption for 2009.

School and/or medical records are just that: records showing that you are caring for the child primarily.

needhelpfl
Jan 25, 2010, 10:29 AM
How old is the child? Who has claimed him/her the previous year(s)?

You can claim the child but depending on the courts ruling, they may allow the father the exemption for 2009.

School and/or medical records are just that: records showing that you are caring for the child primarily.

The child is 2yrs old... father claimed the child last year

this8384
Jan 25, 2010, 10:51 AM
the child is 2yrs old....father claimed the child last year

Then claim them this year. I don't see why the courts would let him claim the child two years in a row, but stranger things have happened.

ebaines
Jan 25, 2010, 10:56 AM
Not sure what else you need beyond what you've already been told. If you have papers from a court that specify that you are the cutodial paent (such as child support orders), then you're set. It doesn't matter who claimed the child last year. My earlier suggestion about having school and medical records was merely to help bolster your case - but it sounds like you have pretty good documentation already.

this8384
Jan 25, 2010, 11:36 AM
Not sure what else you need beyond what you've already been told. If you have papers from a court that specify that you are the cutodial paent (such as child support orders), then you're set. It doesn't matter who claimed the child last year. My earlier suggestion about having school and medical records was merely to help bolster your case - but it sounds like you have pretty good documentation already.

In family law cases, it does. When there is only one child, in most cases, parents are granted alternating years to claim the child as a dependent. From my understanding, the OP doesn't actually have anything set in stone through the courts yet.

ebaines
Jan 25, 2010, 12:02 PM
this8384: if there was a court decree specifying that the non-custodial parent can claim the child all this would be moot. But there are no such orders in this case - at least not yet. Therefore, by IRS regulation, the custodial parent claims the exemption every year - regardless of how much child support the non-custodial parent pays. In the absence of a court decree, the only exception is if the custodial parent signs a statement authorizing the non-custodial parent to take the exemption.

this8384
Jan 25, 2010, 12:20 PM
this8384: if there was a court decree specifying that the non-custodial parent can claim the child all this would be moot. But there are no such orders in this case - at least not yet. Therefore, by IRS regulation, the custodial parent claims the exemption every year - regardless of how much child support the non-custodial parent pays. In the absence of a court decree, the only exception is if the custodial parent signs a statement authorizing the non-custodial parent to take the exemption.

And like we both have said: there is no apparent custody order, which means that the parents share custody and they are alternating years.

We're just going in circles.

ebaines
Jan 25, 2010, 01:44 PM
And like we both have said: there is no apparent custody order, which means that the parents share custody and they are alternating years.


Perhaps we are going in circles, but maybe this will help... for tax purposes when a couple is divorced or separated or lives apart the IRS defines the custodial parent as "the parent with whom the child lived for the greater number of nights during the year. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income." Note that no court order is needed to establish which parent is considered custodial for tax filing purposes. You can see the IRS's definition here, on page 13 under "Children of divorced or separated parents or parents who live apart": http://www.irs.gov/pub/irs-pdf/p501.pdf From what the OP wrote it is apparent that she is the custodial parent - at least as far as the IRS is concerned, custody is not shared. Hence she claims the child as her dependent, unless she agrees in writing to let the other parent claim the child.

cdad
Jan 25, 2010, 02:34 PM
Perhaps we are going in circles, but maybe this will help ... for tax purposes when a couple is divorced or separated or lives apart the IRS defines the custodial parent as "the parent with whom the child lived for the greater number of nights during the year. If the child lived with each parent for an equal number of nights during the year, the custodial parent is the parent with the higher adjusted gross income." Note that no court order is needed to establish which parent is considered custodial for tax filing purposes. You can see the IRS's definition here, on page 13 under "Children of divorced or separated parents or parents who live apart": http://www.irs.gov/pub/irs-pdf/p501.pdf From what the OP wrote it is apparent that she is the custodial parent - at least as far as the IRS is concerned, custody is not shared. Hence she claims the child as her dependent, unless she agrees in writing to let the other parent claim the child.

I see that its " new rules " that is being applied here. I also see new problems coming from this. Ugh.. You would think there were enough rules already.

needhelpfl
Jan 25, 2010, 08:32 PM
I see that its " new rules " that is being applied here. I also see new problems coming from this. Ugh .. You would think there were enough rules already.

So with the new tax law it doesn't talk about having proof that you are the custodial parent to file the child and the father made more money then me but the child stayed more nights with me and I don't have any proof of that on documents for last year so... if I file my child and the father files they will give him the child regardless if there's proof that you are the custodial parent... and the father will not give a written agreement that he don't want to file the child.. can some one clear this up for me

Justwantfair
Jan 25, 2010, 08:54 PM
When is your next court date?
This last year (2009) whomever had a majority of the overnights and there is not have a court order granting the child exemption can claim the child.
Child support and wages are not a factor for the IRS, only whom physically had the child the most.
You can guarantee since he filed the child last year he will probably attempt to again this year, taxes are not due until April 15th, why not agree that neither of you file until a judge decides your rights? Otherwise you are running a high risk of being flagged because you are filing a child claimed last year by him, without him signing the IRS form waiving rights, you are likely to have your tax return flagged and held as it is.

needhelpfl
Jan 25, 2010, 09:35 PM
When is your next court date?
This last year (2009) whomever had a majority of the overnights and there is not have a court order granting the child exemption can claim the child.
Child support and wages are not a factor for the IRS, only whom physically had the child the most.
You can guarantee since he filed the child last year he will probably attempt to again this year, taxes are not due until April 15th, why not agree that neither of you file until a judge decides your rights? Otherwise you are running a high risk of being flagged because you are filing a child claimed last year by him, without him signing the IRS form waiving rights, you are likely to have your tax return flagged and held as it is.

I don't know when the next court date he hasn't signed the wavier we had should have had one last week but he canceled... hes not the type to agree with me its his way or the court way he won't listent to me just always say he has the right and I have to get his approval... last year the child spent more nights with me but he will lie and argue that it was equal but we don't have proof(this year I'm keeping a record on the calendar)... im in so much pain from this I don't know what to because he's going to do what he wants and make me suffer while I'm trying to do the right thing I need this so I can get a car to provide better transportation for my child get a job and be able to get back and forth from school but he wants it for his selfish needs to fix a car he already has and get him material things which he has told me I'm sorry it just I'm dealing with a lot with this guy and all I hear is its in the best interest for the child... just had to get that off my chest sorry

ebaines
Jan 26, 2010, 05:48 AM
Needhelppfl - if you are sure that in 2009 the child spent more nights with you than him - by all means claim the child as your dependent. From earlier posts you now know that you need to keep whatever evidence you can to support this. But don't let your fear that he might also try to claim the child as his dependent keep you from doing what you are entitled to do.