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posted Apr 7, 2020 11:54:40 AM

what to do when the ex fiance is witholding my childs ssc info?

we have lived together my childs whole life (3 years). now we are splitting, and for the last 3 years she has claimed my daughter on her taxes. well this year i wanted to do it, and when i looked intoi it, apparently i actually have the right to claim her, based of my adjusted income.

So when i tried to claim my daughter, it asked for her ssc, i asked my ex, she refused to provide, and has taken all paperwork out of the house to another location. I AM ON THE BIRTH CERT, i am a full dad, no custody agreement in place as of now, and i cant go to the social sec office due to the pandemic.

 

is it better for me to give up on claiming my daughter and come back next year better prepared?

or is it even legal for her to withhold such information?

 

Please help.. 

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1 Replies
Level 15
Apr 7, 2020 12:00:14 PM

Are you the custodial parent who the child lived with more than half the nights of the year? If you are not the custodial parent, then you do not have the right to claim the child without the other parents permission.  Here is how it works:

 

For divorced or separated parents or parents who live apart, the custodial parent, if eligible, or other eligible person who the child lived with for more than half the year (183 nights in 2019), can claim head of household filing status, the credit for child and dependent care expenses, the exclusion for dependent care benefits, and the earned income credit. The non-custodial parent, if allowed by divorce decree or consent of the custodial parent on form 8332 or similar signed statement, can claim the dependency and child tax credit. For post-2008 divorce decrees or agreements, form 8332 or similar signed statement is required. The child tax benefits cannot be split any other way.