What can I do if my ex spouse is withholding my child's social security number?

[Texas Roger]

Are you the custodial parent who the child lived with more than half the year or are you the non-custodial parent? If you are the non-custodial parent, are you divorced and do the documents give you the right to claim the dependency exemption for the child in certain years?

[jessem]

Thank you for responding! We actually were never married and my child was born this year. The mother was not employed all year and is unable to file taxes. I pay child support to her even though there is nothing through the courts saying to do so. We have been able to be civil until this point, when I asked for the social. She told me that she was going to have her brother claim my child, which from my understanding can NOT happen.

[jessem]

I do have another child that I claimed last year.

[BobB7]

Did mother and child live with her brother all year?  When was the child born?

[jessem]

The brother has never lived with them

[Texas Roger]

If the child did not live with you more than half the time in 2016 since the child was born, you can't claim the child as a qualifying child on your tax return.

[jessem]

The child was born in April

[BobB7]

Where DO mother and child live?  Do you live there, too?

[Texas Roger]

The brother cannot claim the child as a qualifying child on his tax return if the child did not live with him more that half the time in 2016 since the child was born.

[jessem]

The mother and I live separately. We live in the same town and I have the kids every other weekend and any other time we agree upon it. I have been the only financial supporter for my kids.

[jessem]

It was agreed upon that I would claim my oldest, and she would claim the baby. But she is unable to file this year because she has not had a job at all this year.

[BobB7]

Did the mother receive any unemployment compensation in 2016?  Does she live with her family and did she all year?

[jessem]

No she has not. She chose not to work. She lives in low income apartments and lives off of the child support that I give her.

[BobB7]

Did she provide written permission for you to claim the oldest child?