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  1. #1
    Join Date
    Sep 2010
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    Default Re: My Maiden Name

    Quote Quoting llworking
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    While I understand and agree with the point you are making about the SSA...for all practical purposes until the SS card is changed, its difficult to impossible to get other forms of ID changed and to get your new last name recognized. In addition, no government agency (state or federal) is going to recognize the name change until you have change it with the SSA.

    You know as well as I do that the IRS, as a prime example, is going to reject any tax return that contains a name that does not match the name on the SSA's records.
    The answer to the above is it even with the changes it's not true. When my wife got married, we ran around with certified copies of the license and everybody accepted it without question. Some just wanted to see it, some wanted to retain it. Nobody EVEY asked to see or look up the social security card.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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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.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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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.

  4. #4
    Join Date
    Oct 2006
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    16,474

    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.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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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.

  6. #6
    Join Date
    Jan 2006
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    38,867

    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.

  7. #7
    Join Date
    Oct 2006
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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.

  8. #8
    Join Date
    Jan 2006
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    38,867

    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.

  9. #9
    Join Date
    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.

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