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  1. #1
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    Default Re: My Maiden Name

    Now I had the exact opposite experience. The RMV refused to accept even a copy of my marriage license showing my new name until the SSA had made the change. After an irate phone call on my behalf from the SSA, the RMV eventually accepted an acknowledgement from the SSA that I had applied to have the name changed on my card.

  2. #2
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    Default Re: My Maiden Name

    Experiences will vary, but in recent years it has become much harder to effect an informal name change due to increased rates of identity theft and heightend concerns about national security. You can use an informally changed name in many contexts, as long as your purpose isn't fraudulent, but at times you're going to run into situations where people will want proof of a legal name change before they respect your wish to use the new name.

  3. #3
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    Default Re: My Maiden Name

    Quote Quoting cbg
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    Now I had the exact opposite experience. The RMV refused to accept even a copy of my marriage license showing my new name until the SSA had made the change. After an irate phone call on my behalf from the SSA, the RMV eventually accepted an acknowledgement from the SSA that I had applied to have the name changed on my card.
    I had the same problem as well...and again, the IRS automatically rejects any tax return where the name does not match the SSAs records. So does any other state or government agency.

  4. #4
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    Default Re: My Maiden Name

    I will say, though, to Ron's point, that my sister married a year before I did and her experience was more akin to that of Ron's wife.

    I would be inclined to say that it CAN be an issue rather than that it WILL be.

  5. #5
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    Default Re: My Maiden Name

    Quote Quoting llworking
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    I had the same problem as well...and again, the IRS automatically rejects any tax return where the name does not match the SSAs records. So does any other state or government agency.
    I would imagine that is simply due to the lack of the names matching more than it being some legal requirement your name used to file matching your SSA name. I suspect that if a person wanted to go the extra mile and prove the two different names are one person, they could not object to the difference after that but it is simpler to just alter what is needed to smooth the way.

    In some states, there is absolutely no requirement to formally change your name for it to be a 100% legal name change. Once the requirements are fulfilled, your claimed name IS your name. While it would be a good idea to change your name registered with the SSA, there is no obligation to do so. You can be known by multiple names, legally. Hell, who actually signs their full legal name for anything? I sign with a first and middle initial and my full (although illegible) last name. That is my signature. I have not signed anything with my full name in the last 40 years unless it was specifically specified I sign with my full legal name (there are a few situations where that is what they demand on the paperwork) even though that is not my "legal" signature. So, what is my "legal" name at that point? I actually have multiple "legal" names due to how I sign my name and how I fill out forms.

    Your name is whatever you use to represent yourself to the public, and especially in commerce. It has little to do with what is on your birth certificate unless you want it to.


    New York State Domestic Relations Law, Section 15-1-b-1:
    1. Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud.

    5.Neither the use of, nor the failure to use, this option of selecting a new surname by means of this application abrogates the right of each person to adopt a different name through usage at some future date.


    New York State Civil Rights Law, Article 6, Section 65-4:
    "Nothing in this article shall be construed to abrogate or alter the common law right of every person, whether married or single, to retain his or her name or to assume a new one so long as the new name is used consistently and without intent to defraud.
    basically, filing for a name change with the courts serves as effective notice of the intent to use some name as one's legal name. It makes the process simpler if questioned but a name change by use is no less official than one lorded over by the courts.

  6. #6
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    Default Re: My Maiden Name

    Quote Quoting jk
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    I would imagine that is simply due to the lack of the names matching more than it being some legal requirement your name used to file matching your SSA name. I suspect that if a person wanted to go the extra mile and prove the two different names are one person, they could not object to the difference after that but it is simpler to just alter what is needed to smooth the way.
    Been in the business of being a tax professional for almost 30 years now. A tax return will not be accepted with a social security number and name that do not match the SSA's records...its that simple.

  7. #7
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    Default Re: My Maiden Name

    Quote Quoting llworking
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    Been in the business of being a tax professional for almost 30 years now. A tax return will not be accepted with a social security number and name that do not match the SSA's records...its that simple.
    have you ever had anybody take the steps to prove the name used is a legal name for themselves? I suspect not and if none have, then you have not proven your point but are accepting the preliminary act of denying the return as definitive.

  8. #8
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    Oct 2006
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    Default Re: My Maiden Name

    Quote Quoting jk
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    have you ever had anybody take the steps to prove the name used is a legal name for themselves? I suspect not and if none have, then you have not proven your point but are accepting the preliminary act of denying the return as definitive.
    Yes, the response from the IRS is to get it changed with the SSA before they will accept it.

  9. #9
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    Default Re: My Maiden Name

    Quote Quoting llworking
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    Yes, the response from the IRS is to get it changed with the SSA before they will accept it.

    actually, their response is to recommend the filer contact the SSA and make the correction. They also state that if still rebuffed after making such a change, the filer must file a paper return (not sure what difference that makes but it's their rules). That suggests there is a means to have the return accepted without the name change being properly assigned, or as in my example, having no intention of altering the name at the SSA to reflect the common law name change.

    I have a difficult time accepting a federal agency can impose greater requirements on the citizens of any given state when the states powers are clearly supreme in the matter. The state involved, as with many others, does not require a person seek a court ordered name change for it to be a legal change of name. Unless the SSA would accept the taxpayers word on the matter, they are not going to effect a change of name, at least for the time being. Therefor, the IRS would be refusing to accept a return with 100% accurate and legal information on it. For some reason, somewhere in their voluminous laws, I suspect there is a solution to the issue.

    based on this:

    https://secure.ssa.gov/poms.nsf/lnx/0110212165


    H. Request for name change because of dropping a name

    Agnes Annette Martin requested a replacement SSN card in the name Annette Martin, the name by which she has been known for years in her community and at work (dropping her first name of “Agnes”). Even her State Identity card issued last year shows her name as Annette Martin. Annette said that she has never used the name “Agnes” and no one even knows that it is her first name. She added that she was told that because of her use of the name “Annette Martin” over the years that her legal name is now Annette Martin based on common law.
    Annette’s explanation that some States follow common law concerning her name is correct. However, she does not have any evidence of a legal name change or that her name is legally “Annette Martin” rather than “Agnes Martin” or “Agnes Annette Martin” in her State. Therefore, for SSA to change her name on the SSA record she must submit evidence that she has legally changed her name to “Annette Martin.”
    SSA cannot process the name change request because Annette has not submitted a name change document showing she legally changed her first name.
    it would appear the SSA does not accept a common law name change and as such, would not alter the SSA registered name to reflect the legal common law name change. Requiring the filer to use their previous name would in fact be requiring them to claim a name they no longer legally claim. See a problem with that? I do./

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