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Filing Tax Returns During Separation

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  • 02-06-2011, 08:57 AM
    ERS
    Filing Tax Returns During Separation
    My question involves child support in the State of: Virginia

    My daughter is currently separated from her husband and has been since April 2010. She has court issued custody of their 1 year old son. She and her son are living with her mom, since last April. Her soon to be ex is constantly worrying her to get the social security numbers so he can file taxes. She or I or her mom or just about anyone does not trust him to give her a portion of the return. My question is, since she is living with her mom and has legal custody of her son, can her mom add my daughter and grandson to her tax return ? My daughter is a stay at home mom with no income. I have been told that since she has custody of her son that she has full legal rights to his dependent status along with her own and does not have to give her soon to be ex the rights to their dependency. Especially since they have been there since April. Any help is appreciated.

    ERS
  • 02-07-2011, 10:57 PM
    Mr. Knowitall
    Re: Filing Tax Returns During Separation
    The rules for when somebody can take a deduction for a dependent are provided here.

    Is he trying to file a joint return? If so, obviously he would need SSN's.
  • 02-08-2011, 05:29 AM
    ERS
    Re: Filing Tax Returns During Separation
    Yes, he is trying to file a joint return. She has a protective order against him, but at this time, there separation is not through the court. Thanks for your reply.

    ERS
  • 02-08-2011, 07:47 AM
    llworking
    Re: Filing Tax Returns During Separation
    Quote:

    Quoting ERS
    View Post
    Yes, he is trying to file a joint return. She has a protective order against him, but at this time, there separation is not through the court. Thanks for your reply.

    ERS

    She is not required to file a joint return with him and does not have to cooperate with providing him any social security numbers. If he is violating the protective order by contacting her she can report him to the police.

    She and her child may possibly be her mother's dependents. As far as the child is concerned, unless the two parents combined provided more than 50% of the child's support, the child is not the dependent of either parent. Therefore it would boil down to dad's 4 months of providing full support, plus his child support for the rest of the year, vs the support that grandma provided for 8 months of the year.
  • 02-08-2011, 10:10 AM
    ERS
    Re: Filing Tax Returns During Separation
    Thanks for the info. Really appreciated.

    ERS
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