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    msshy511's Avatar
    msshy511 Posts: 1, Reputation: 1
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    #1

    Jan 27, 2010, 09:34 AM
    Claiming children on taxes
    I moved have had my 2 children every mon-friday morning until I settled out of court with joint custody with the kids father in July. He was supposed to have the kids every other week, but he has continued getting them on the weekends only. He does not pay child support and he has not helped me financially, the court order states he gets to claim one of the children. I never agreed on that it just ended up in the court order when I finally received it. He wants to claim the oldest child but how can he do that with no SS# or any other information on her. I will not give him her SS# because his family is known for using children SS# number for getting phone, cable or a=whatever else they can get and I can't allow them to mess up credit for my daughter
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 27, 2010, 10:40 AM
    Quote Originally Posted by msshy511 View Post
    ... the court order states he gets to claim one of the children. i never agreed on that it just ended up in the court order when i finally received it. ...
    Whether you agreed to it or not doesn't matter. It's the court order and that's what controls. However the language of the order that he can claim one of the children assumes he will pay support as ordered. Since he's not, I believe you should be able to claim both kids, and he should not be able to claim them.

    If he has parental rights he probably can get the Social Security number from the government, assuming he finds the right hoops to jump through.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #3

    Jan 27, 2010, 02:53 PM
    Quote Originally Posted by AK lawyer View Post
    Whether you agreed to it or not doesn't matter. It's the court order and that's what controls. However the language of the order that he can claim one of the children assumes he will pay support as ordered. Since he's not, I believe you should be able to claim both kids, and he should not be able to claim them.

    If he has parental rights he probably can get the Social Security number from the government, assuming he finds the right hoops to jump through.
    Most court orders don't include "what if" plans in them. If the court order says he can take the deduction then he can take it. If you think it should be disallowed then back to court you go.

    Was child support ordered in this case since both of you have 1 child each ?
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