My wife's ex claims irs seizes tax returns for back up child support, and my wife never receives it?

[mkdemers7540]

My wife's ex claims the IRS takes his $1800 refund for back child support owed and my wife never receive any of that money. She is on ssi, and so is my stepdaughter because of my wife. It has been three years since she received any back support and he pays$60 a week for child support. Father has zero contact with my stepdaughter, and my wife and her live with me. We found  out he claims my stepdaughter and she never sees him, I support both my wife and daughter The best I can, and got permission to claim my stepdaughter on my taxes since I support her, and they live with me. So I know I asked multiple questions but I need advice on what I can and can't do about this. Thank you

[SweetieJean]

Aren't you filing a Joint return with your wife?
SSI= Supplemental Security Income. Is that what she gets, or is it SSDI or regular Social Security?

[mkdemers7540]

I file as single since we are married by a justice of the peace , we just haven't received state marriage certificate yet, yes she gets ssi

[Carl]

If your status was "married" on Dec 31 of the tax year or before, then regardless of when you receive the marriage certificate, your only legal filing status for 2017 is either MFS or MFJ. If the JOP married you on or before Dec 31 of the tax year, you are married for tax purposes, for the whole tax year.

[mkdemers7540]

That's great to hear, thank you. I was always clueless when it came to taxes the the light you've she'd on the situation makes sense I appreciate it.

[Carl]

As for the seized tax returns of the ex, if your wife didn't initiate actions at some time for the collection of back child support, then more than likely his tax refunds aren't being seized for anything. So I'd take that story coming from the ex with a grain of salt.

[Critter · Accepted solution]

If the refund was taken for the child support she needs to talk to that agency to see why she didn't get any of it... he may be lying.

And you don't need anyone's permission to claim the child ... you will simply file a joint return with your wife and put the child on the joint return.  Since she is the custodial parent according to the IRS rules she has every right to claim the child. If he is claiming the child then your filing will stop him ... and if he files before you then you MUST mail in the return.  This way you will "turn him in" for his wrong doing. 

[Carl]

You need to seek the services of an Attorney. YOur issue is not tax related at all, and we can't give legal advice here.

[SweetieJean]

OP is asking if he can claim stepdaughter on his tax return,

[Carl]

Gotcha. So all the child support stuff really has nothing to do with the question. Can be very misleading and confusing.

[mkdemers7540]

Thank you all for your advice I'm sorry if my question seemed misleading and/or confusing. I appreciate the info and will just file a joint with my

[Carl]

As for you and your wife claiming the child, all that child support stuff doesn't matter. The IRS is not bound by the ruling of any court below that of a federal judge. So if you (and your wife if you qualify to file joint) meet the requirements to claim the child as your dependent, claim them. If the stepdad claims the child to, then the IRS will sort it out by sending letters to all who claimed the child asking for proof of claim. You and your wife can provide that proof. The stepdad can't.

[mkdemers7540]

OK thank you carl