MrsWilliams
newbie
Reged: 12/24/07
Posts: 27
Loc: Mississippi
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Hi, I need some advice... My daughter's father just started paying child support to me. I filed for child support in 2000. He recently told me that he was trying to get his license for massage therapy but he cant because he owes over $5000 in back child support (In which he do).. He told me that the judge told him that he can file his daughter on his taxes. My husband works and he didn't tell the judge that I was married.. I also live in the state or Mississippi. My husband and I plan on filing all of our kids jointly, but we really didn't want to do that until this happened with him calling me telling me he can. I told him that he couldn't...but he telling me he can.....What do I need to do. He claims that he will be filing on the 27th of this month. Can you file that early also? 
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The grass isn't always greener on the other side!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Does he have a court order allowing him to file the child as an exemption?
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13.1...because I am only half crazy!
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MrsWilliams
newbie
Reged: 12/24/07
Posts: 27
Loc: Mississippi
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No.. not that I know of...he called me first and asked me if he could file her and I told him NO.. When i told him that my husband and I will be filing her jointly... In which I didn't want to do that... He said, well I don't care about him...he said,"MY LAWYER" said that I should file and her the judge gave me her information. He said I'm filing her and you want stop me....
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The grass isn't always greener on the other side!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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I guess I don't understand. YOur husband cannot claim her as stated many times, bio parents trump step parents. But if you file jointly then you are really claiming her as your dependent.
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13.1...because I am only half crazy!
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MrsWilliams
newbie
Reged: 12/24/07
Posts: 27
Loc: Mississippi
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let me ask you this way, can my husband claim her (Head of Household)...My ex boyfriend(My daughters father) is trying to claim her. He asked me at first if he could...I told him NO.... the he told me...a judge gave him my daughter's s.s number and told him to file her.....So in order to get things right... Can my hubby claim her head of household or would we have to file joint to get ex off my back...He just started this recently when they started taking child support from his checks...
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The grass isn't always greener on the other side!
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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When a bio parent files with his/her spouse, that is not trumping the other bio parent. NCP dad cannot claim a child that lives with CP mom and her husband if mom and her husband are going to file a joint tax return and claim the child. A bioparent doesn't trump a stepparent who is filing with the other bio parent.
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Eternity is too long to be wrong.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Quote:
When a bio parent files with his/her spouse, that is not trumping the other bio parent. NCP dad cannot claim a child that lives with CP mom and her husband if mom and her husband are going to file a joint tax return and claim the child. A bioparent doesn't trump a stepparent who is filing with the other bio parent.
Isn't that what I said? If they file jointly she can file the exemption?
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13.1...because I am only half crazy!
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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If you are married to (duh) and living with your husband, he cannot file Head of Household. He must file "Married filing Jointly" (with you) or "Married filing Separately". If MFJ, he will be filing with you (even if you had no income, or no taxable income) and 'both of you' would be claiming your child. If he files MFS, he cannot claim your child, you will have to claim her on your return.
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Eternity is too long to be wrong.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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Why in the world would your husband NOT want to file with you to get that deduction?
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Eternity is too long to be wrong.
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MrsWilliams
newbie
Reged: 12/24/07
Posts: 27
Loc: Mississippi
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We will be filing joint....but we listened to a lot of other people and they say that once you file joint....you are stuck that way...we want to do things right...so we decided that is what we will do.... One other question....when can a person actually file taxes (the first day)...Ex claims that he can file taxes on the 27th of this month....Is he just bluffing...If he do... and the we try to file and get blocked out because he used her....What will happen ???
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The grass isn't always greener on the other side!
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