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Can You Start Using Your Maiden Name Before You're Divorced

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  • 01-19-2014, 01:47 PM
    llworking
    Re: My Maiden Name
    Quote:

    Quoting Dogmatique
    View Post
    I'm completely confused with this thread.

    Help me out please?

    Mr Doggie and I got married before we filed taxes for that year. We filed under my married name, but my SS card had my previous last name.

    IRS didn't even blink.

    :confused:

    Am I missing an obvious point?

    You may still have had a card with your old name on it, but the SSA would have had a record of your new name or you would have had a reject.

    That happens frequently.

    - - - Updated - - -

    Quote:

    Quoting jk
    View Post
    then if there is no law to support the rule, it becomes unenforceable.

    I didn't say state law trumped fed law., I said the states have sole power to determine how a person can effect a legal name change. You are arguing they don't. In fact, by requiring a person present proof of a court ordered change preempts the full faith and credit clause every state in the country is required to honor. While that normally would not be an issue as the feds are allowed to enact their own laws for many reasons with them being fully enforceable, in this situation, they are imposing a rule that is not supported by any law. It becomes a de facto federal law as they refuse to accept the states laws on the matter on an issue they have no power to enact a law concerning the issue.



    but the states have accepted it in part or in whole so what the states have codified within their states is enforceable in their states. No idea what your point is though since it is a totally different issue. The issue at hand is simply stating the SSA has a right to enforce laws outside of their jurisdiction to create.

    - - - Updated - - -



    nope. You are making my point quite well thank you very much.

    . I am arguing that the IRS does not mandate the name on the return match the name recorded by the SSA. 11working is stating they must match or they will be rejected. I accept they will likely be rejected if electronically filed and possibly initially with a paper return but I suspect there is a process to explain the discrepancy to their satisfaction without the filer having to change the name on the SSA registry.

    I am not going to belabor the point with you any longer. The Op's thread has been hijacked enough with this debate.
  • 01-19-2014, 01:51 PM
    jk
    Re: My Maiden Name
    Quote:

    Quoting llworking
    View Post
    You may still have had a card with your old name on it, but the SSA would have had a record of your new name or you would have had a reject.

    That happens frequently.

    the SSA does not have record of the name change until a person files for a name change. Given that many people do not change their names, or change it to something other than the spouses name, and even then, many states do not have any formal claim of a name change associated with the marriage and due to that, it is actually more of a common law name change associated with an event rather than a court ordered change, there is no way the SSA would even know what name you are taking, if anything different than your current name, until such time you filed for an updated name at the SSA.

    so dogmatique;

    had you applied for a new card with your new name on it yet?

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    Quote:

    Quoting llworking
    View Post
    I am not going to belabor the point with you any longer. The Op's thread has been hijacked enough with this debate.

    yeah!!!!!!!!!!

    the answer to the OP is:

    yes, you can. You may run into issues just as anybody that changes a name under common law would but yes, you can use whatever name you wish to use. It would be simpler to wait but you do not have to.
  • 01-19-2014, 01:58 PM
    Dogmatique
    Re: My Maiden Name
    Therein lies my confusion.

    I hadn't filed anything.

    Signed,

    Stymied in Seattle
  • 01-19-2014, 02:16 PM
    jk
    Re: My Maiden Name
    Quote:

    Quoting Dogmatique
    View Post
    Therein lies my confusion.

    I hadn't filed anything.

    Signed,

    Stymied in Seattle

    so, contrary to llworkings claims, a mismatched name on the return and SSA registry does not mean automatic rejection nor does it mean a lack of eventual acceptance. I understand the point of the rejection. It just does not hold water in regards to refusing a return completely when the name difference is explainable which, regarding a common law name change, it would be.

    although stymied, hopefully you are not sleepless.
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