Ex wants my child's social security number...

[tkdmom]

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

The question is: Do I *have* to give it to him? The backstory is: I have SOLE parental responsibility, the courts have actually stated in the divorce papers as well as the parenting plan that joint parental responsibility would be detrimental to my child. My ex-husband has seen my child for a total of 5 hours in the last 2.5 years, and during the last tax year, 1 hour total, which was supervised by the courts. I am the custodial parent and my child spent every single day and night in my care.

So, now he is saying he has a right to all of my child's information, including his social security number. He has stated on my voicemail and in email that he intends to claim him "for 1/2 the year or whatever" on his taxes. Well, I know he can't claim him for 1/2 a year, and I know that he is not entitled to claim him on his taxes at all, yet he intends to do just that. I keep insurance on my child, and I cannot think of any other situation that would warrant giving this information to my ex. My ex is also a drug addict and I have serious concerns that, on top of trying to claim him on his taxes, he will try to get credit in my child's name in order to obtain drugs.

So, given that I have sole legal and physical custody and there is nothing in the divorce that says he ever gets to claim him, do I have to give him that information, or can I ignore his request?

Thanks!

 

[Proserpina]

There's nothing in the law forcing you to comply with Dad's request, but you do understand that he can obtain the information himself, without your consent, right?

 

[tkdmom]

There's nothing in the law forcing you to comply with Dad's request, but you do understand that he can obtain the information himself, without your consent, right?

Yes, I know that he can do that, but I don't know if *he* knows that he can do that, so I am not going to offer that up to him. And, even knowing he can get that information himself, I still don't want to offer it up because I feel like that could be viewed by a court and/or IRS as me giving him my permission to claim our son...and he will not get my permission.

Thank you for your response regarding if I legally had to supply it to him. I was thinking that I didn't have to, but it's always good to have others back it up.

 

[teresarae]

You can put a block on the childs social security number so no new accounts can be opened under that number. I think it is free and I would definitely check into that.

 

[Zigner]

Yes, I know that he can do that, but I don't know if *he* knows that he can do that, so I am not going to offer that up to him. And, even knowing he can get that information himself, I still don't want to offer it up because I feel like that could be viewed by a court and/or IRS as me giving him my permission to claim our son...and he will not get my permission.

Thank you for your response regarding if I legally had to supply it to him. I was thinking that I didn't have to, but it's always good to have others back it up.

There ARE other reasons that a social security number might be needed. Not saying you should give it over (I wouldn't if I were in your shoes.)

 

[punchcard]

From Orlando Joint Custody Attorney | Florida Shared Parenting Lawyer "In a few instances a Court may decide that it is in the best interests of the minor child that the primary residential parent should have sole parental responsibility. Sole parental responsibility means that the responsibility over the minor child is given to only one parent. This parent has the right to make all major decisions regarding the minor child without having to confer with the other parent. The Court can determine that sole parental responsibility is in the best interests of the minor child and still award the non-residential parent visitation rights with the minor child."

> Well, there you go.

Taxes
As for the tax issue, what do your court papers say about the Right to Claim Dependency Exemption and Receive Child Tax Credit? Something like: For all the taxable years beginning after December 31, 2011, WIFE shall have the right to claim the child as a dependent and shall be entitled to the exemptions and child tax credits allowed therefore under Federal and Florida state income tax law?

Have you contacted the IRS and asked them what they thought about the situation? The IRS probably would want to know about dad claiming Dependency Exemption and requesting the Child Tax credit when he isn't entitled (if he in fact is not entitled).

If you file your tax form first, the IRS may process your tax form first. If dad's comes in after that, then that may trigger an issue.

 

[Ohiogal]

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

The question is: Do I *have* to give it to him? The backstory is: I have SOLE parental responsibility, the courts have actually stated in the divorce papers as well as the parenting plan that joint parental responsibility would be detrimental to my child. My ex-husband has seen my child for a total of 5 hours in the last 2.5 years, and during the last tax year, 1 hour total, which was supervised by the courts. I am the custodial parent and my child spent every single day and night in my care.

And? This is not just your child. HE helped create this child and the child is his as well. He is entitled to all information regarding HIS child.

So, now he is saying he has a right to all of my child's information, including his social security number.

No. He has a right to all OF HIS CHILD'S INFORMATION.

He has stated on my voicemail and in email that he intends to claim him "for 1/2 the year or whatever" on his taxes. Well, I know he can't claim him for 1/2 a year, and I know that he is not entitled to claim him on his taxes at all, yet he intends to do just that.

And? He will be audited and it won't get him very far.

I keep insurance on my child, and I cannot think of any other situation that would warrant giving this information to my ex. My ex is also a drug addict and I have serious concerns that, on top of trying to claim him on his taxes, he will try to get credit in my child's name in order to obtain drugs.

And that would be a crime as well.

So, given that I have sole legal and physical custody and there is nothing in the divorce that says he ever gets to claim him, do I have to give him that information, or can I ignore his request?

Dad can go to the social security office with a copy of the birth certificate to get that information.

 

[nextwife]

How can parent start a 529 or EdVest acoount, for example, if they don't have their child's SS number?

 

[TinkerBelleLuvr]

I agree Nexie, but I have a feeling that's not why it's wanted, particularly since he wants to claim the child for 1/2 the year.

I would probably ignore the request. Push come to shove, the OP can let him know that he can get it himself.

And the suggestion of blocking any credit checks is a good one.

 

[FlyingRon]

I agree Nexie, but I have a feeling that's not why it's wanted, particularly since he wants to claim the child for 1/2 the year.

If he gave a valid reason (like I want to start the college fund), I'd turn it over. The goofy "claim the child for half the year" isn't even a good reason.

 

[tkdmom]

If he gave a valid reason (like I want to start the college fund), I'd turn it over. The goofy "claim the child for half the year" isn't even a good reason.

I agree. If he had a valid reason that he would actually follow through on, I wouldn't have an issue with it. But, I know that he will never open a child savings account for our son...he used to steal his money out of his piggy bank to scrounge up money for drugs, so voluntarily putting his drug money into an account for him is not something that would be anywhere on his priority list. If the court order said that he could claim him, I would turn it over. But I honestly cannot think of a single reason that he could have to legitimately have a need to have his social.

I do know that he could go to the social security office with his birth certificate and get it, but I also know he does not have a copy of the birth certificate, and he won't spend the money to get one, so I don't have too many worries about him doing that, if he even knows he can do it. And although he has a right to have a copy of the birth certificate, I am not giving him one of my copies...*I* paid for them and I am not going to just hand it over...he can pay for his own and get it the same way I did.

I'm sure I sound like a total byotch, but with my ex, give him an inch and he thinks he's a ruler, so I don't give him anything I don't absolutely have to.

My divorce decree does not specifically state who gets to claim our son, so it would default to the IRS guidelines, which would be me.

Oh, and for the PP who was like, "And?" (sorry don't remember who it was, lawyer in OH in the siggy) when I was mentioning how often he's seen my son, that was intended to show % of overnights and who is deemed CP by the IRS, nothing more. I know that # of overnights does not overrule a court order, and if it was stated that we were to alternate etc, # overnights wouldn't matter.

Thanks all!

 

[davidmcbeth3]

No. He has a right to all OF HIS CHILD'S INFORMATION.

.

Glad to see you are feeling better.