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    distraught2's Avatar
    distraught2 Posts: 2, Reputation: 1
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    #1

    Feb 15, 2009, 08:29 PM
    Filing income tax while on ssi disability in NY
    I live in New York & I'm trying to find out exactly why you would file income tax (federal/state) and what can be claimed while on permanent ssi/disibility...
    For example: Ex on perm ssi disibility, has the kids living with him a majority of the time and refuses to let me claim them seeing he's the custodial parent and is vendictive.
    Is there actually anything he can legally claim or file for seeing he has no taxable income?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 16, 2009, 07:50 AM

    Are you asking if your ex can/should file or if you can/should file?

    What does the Court Order say about the exemptions for the children? That Order will prevail. If it's not in the Order, go back to Court and get a new Order.
    distraught2's Avatar
    distraught2 Posts: 2, Reputation: 1
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    #3

    Feb 16, 2009, 12:18 PM
    Hi thank you for replying to my question...
    The answer to your reply is... My situation is: My ex is jealous that I've moved on w/my life with someone else now and refuses to sign an 8332 form out of spite, to release exemption to me to claim the children. I took him to the support collection court to get that order in place but the judge said he didn't have the authorization to do that but stated that they are my children and have every right to claim them. So I did and now the ex is threatening me saying if I don't give him the money he will turn me in to the federal gov. and I will be arrested.. I was wondering if he filed an income tax return (which he states he tried to but got denied due to the fact the kids were already claim on mine) what actually could he file for? Exemptions, interest?? Not sure how that works but he has no taxable income. And if you would know what court I would actually take this to to get this order in place?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Feb 17, 2009, 07:22 AM

    What is he going to have you arrested for? If you BOTH claim the children, then IRS sorts it out based on proof of who provided the majority of the support (as well as other factors).

    BUT if there is a Court Order that he claims the children you cannot claim them without going back to Court and changing that original Order.

    Your "ex" is confusing criminal law and civil law.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Feb 19, 2009, 07:22 PM

    He might have been trying to claim the kids to get the EIC refund. But if he does not earn any money I haven't a clue as to why he wants to claim them. Are the children receiving their own disability payments on behalf of the father? Just how greedy is this man anyway?
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