SSI & Claiming Child on Taxes

[Leeya213]

What is the name of your state (only U.S. law)? PA

I was hoping someone may have some answers or advice regarding claiming my daughter on my tax return this year.

Her father and I currently have a court ordered 50/50 joint custody arrangement. My daughter receives SSI benefits each monthe because she was born with some differences in her hands and feet. Her father is the payee for those benefits and has been since she started receiving them in 2010. He is the payee because he was the one to initiate the seeking of the benefits and my daughter carries his last name. I have always claimed my daughter on my tax return, including last year when she received the benefits. At that time, my ex informed me that he was told by his case worker at SSI that he is entitled to claim her since he receives the benefits on her behalf. He then agreed that I could still claim her and he wouldn't make an issue of it. I am not sure if the case worker actually made that claim or not, and I have tried calling and speaking with her but she will not get back to me. I am concerned that he may attempt to claim her this year.

I receive no help whatsoever from my ex. Financially, I receive no assistance at all. I also purchase a large majority of her clothes, I've purchased all of her shoes, pay our rent/bills and all other necessities for her. I do not feel as if he should be able to claim her solely on he being her payee. Especially considering those benefits are supposed to be alotted between both households, and are not.

Any thoughts or advice on this would be grately apreciated, thank you!

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

I was hoping someone may have some answers or advice regarding claiming my daughter on my tax return this year.

Her father and I currently have a court ordered 50/50 joint custody arrangement. My daughter receives SSI benefits each monthe because she was born with some differences in her hands and feet. Her father is the payee for those benefits and has been since she started receiving them in 2010. He is the payee because he was the one to initiate the seeking of the benefits and my daughter carries his last name. I have always claimed my daughter on my tax return, including last year when she received the benefits. At that time, my ex informed me that he was told by his case worker at SSI that he is entitled to claim her since he receives the benefits on her behalf. He then agreed that I could still claim her and he wouldn't make an issue of it. I am not sure if the case worker actually made that claim or not, and I have tried calling and speaking with her but she will not get back to me. I am concerned that he may attempt to claim her this year.

I receive no help whatsoever from my ex. Financially, I receive no assistance at all. I also purchase a large majority of her clothes, I've purchased all of her shoes, pay our rent/bills and all other necessities for her. I do not feel as if he should be able to claim her solely on he being her payee. Especially considering those benefits are supposed to be alotted between both households, and are not.

Any thoughts or advice on this would be grately apreciated, thank you!

SSI caseworkers are not experts on tax law. In a 50/50 situation (which can only be a true 50/50 in a leap year) the parent with the higher income is the one automatically entitled to claim the child under the tax code. Otherwise, its the parent who has the most overnights with a child in a given calendar year...even if its only a few extra overnights. So, get out a calendar and review it for 2011. It will change yearly based on holidays etc.