Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Dec 2008
    Posts
    12

    Default 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

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  3. #3
    Join Date
    Dec 2008
    Posts
    12

    Default 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

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default 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.

  5. #5
    Join Date
    Dec 2008
    Posts
    12

    Default Re: Filing Tax Returns During Separation

    Thanks for the info. Really appreciated.

    ERS

    1. Sponsored Links
       

Similar Threads

  1. Bankruptcy Issues: Filing for Separation and Bankruptcy - Which First
    By DLynn in forum Bankruptcy Law
    Replies: 1
    Last Post: 02-20-2011, 05:34 PM
  2. Who Can Get a Copy of My Tax Returns
    By sassymom in forum Tax Law
    Replies: 6
    Last Post: 03-12-2010, 10:09 PM
  3. Chapter 13: Chapter 13 And Tax Returns
    By grandmadebb in forum Bankruptcy Law
    Replies: 1
    Last Post: 01-18-2008, 06:42 AM
  4. Replies: 2
    Last Post: 09-03-2007, 07:54 PM
  5. Marriage: I-864 and Tax Returns
    By charronecrom in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 09-12-2006, 07:22 PM
 
 
Sponsored Links

Legal Help, Information and Resources