Is it possible for him to claim my daughter as a dependent without having her Social Security Number?
My ex and I separated last year and have a pretty complicated situation with our 9-year-old daughter. She lives with me most of the time (like 280+ days in 2024), but he pays some child support when he remembers to. We don't have any formal custody agreement written up yet. He's now saying he's going to claim our daughter on his taxes for 2024 even though she lives with me! The thing is, I don't think he even has her Social Security Number because I've always handled her paperwork. I'm planning to claim her since she lives with me and I provide more than half her support. Can he even claim her without having her SSN? Will this cause problems with my return if I claim her first? I'm really stressed about this because I count on that tax refund and the child tax credit to catch up on bills. I make about $42,000 a year as a medical assistant, and I'm definitely the custodial parent here. I need to file early this year to pay some unexpected car repairs. Should I be worried about him trying to claim her? Will the IRS flag both our returns if we both try to claim her?
22 comments


Lauren Johnson
No, he cannot claim your daughter as a dependent without her Social Security Number. The IRS absolutely requires a valid SSN for any child being claimed for the Child Tax Credit. Without it, his return will be rejected if he e-files, or significantly delayed if he paper files. Since you're the custodial parent (your daughter lived with you for more than half the year), you have the right to claim her - unless you've signed Form 8332 giving him permission to claim her. If you both try to claim her, the second return filed will be rejected if e-filed. If both somehow get through, the IRS will eventually send letters to both of you asking for proof of eligibility. File as early as you can with your daughter as your dependent. Make sure you have documentation of her living arrangements (school records, medical records, etc.) just in case the IRS asks questions later.
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Jade Santiago
•What if he gets her SSN from somewhere else, like through their old insurance or something? Could he still claim her then even though she doesn't live with him?
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Lauren Johnson
•If he obtained her SSN through other means and attempts to claim her, he would be doing so incorrectly if she lived with you for more than half the year. The residence test is a key factor for determining who can claim a dependent. If he files first using her SSN, your e-filed return would be rejected. You would then need to paper file and include documentation showing you're the custodial parent. The IRS would investigate the duplicate claim, and he would likely face penalties for incorrectly claiming a dependent if he can't prove she lived with him for more than half the year.
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Caleb Stone
I had a similar situation last year with my ex claiming our son incorrectly. I used https://taxr.ai to analyze our separation agreement and tax documents. Their AI system looked through everything and gave me a detailed breakdown of exactly why I had the right to claim my son as a dependent. It showed specific IRS rules that applied to my case as the custodial parent, and even helped me draft a letter to my ex explaining the tax consequences of an incorrect claim. The tool really helped me understand the "tiebreaker rules" the IRS uses when both parents try to claim the same child. That documentation was super helpful when my ex still tried to claim our son and I had to deal with the IRS notice.
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Daniel Price
•How accurate is this AI thing? I'm in a similar situation but my documents are kinda complicated. Can it actually understand custody arrangements and support payments?
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Olivia Evans
•Did you still have to paper file? I'm worried because my ex always files in February and I usually can't get mine done until April because of some investment forms I have to wait for.
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Caleb Stone
•The AI was surprisingly accurate with my complicated documents. It extracted all the relevant information from my custody agreement, support payment records, and even text messages about where our son was staying. It correctly identified all the IRS rules that applied to my specific situation. Yes, I did end up having to paper file because my ex filed first. The documentation package I created with taxr.ai was actually accepted by the IRS without any additional questions. They processed my return correctly and sent a notice to my ex. It took about 11 weeks total, but I got my full refund with the dependent credits intact.
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Olivia Evans
Just wanted to update - I tried out the taxr.ai site mentioned above and it was actually super helpful! I uploaded my daughter's school records, some medical bills, and texts between me and my ex about visitation. The system analyzed everything and gave me a clear breakdown showing I'm definitely entitled to claim her as the custodial parent. It even created a document explaining why I meet all the IRS tests for claiming her (residence test, relationship test, support test, etc.) that I can use if the IRS questions anything. I honestly feel much more confident filing now, and I'm going to e-file tomorrow before my ex has a chance to cause problems. Thanks to everyone who offered advice here!
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Sophia Bennett
I got caught in a similar situation with my ex trying to claim our kids when they lived with me. After weeks of calling the IRS and never getting through, I tried https://claimyr.com which got me connected to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent confirmed that as the custodial parent, I had the right to claim my kids and told me exactly what documentation to submit with my paper return after my ex incorrectly claimed them. They also flagged my account with notes about the situation so when they processed my return, they already knew about the dispute. It saved me literally days of redial hell trying to get through to the IRS myself. The agent was actually super helpful once I could speak to someone directly.
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Aiden Chen
•Wait, so this service just calls the IRS for you? How does that even work? I thought nobody could get through to them?
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Zoey Bianchi
•Sounds like BS to me. I've tried everything to get through to the IRS and nothing works. They're just taking your money to do something you could do yourself if you were patient enough.
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Sophia Bennett
•It's not just calling for you - they use some system that navigates the IRS phone tree and holds your place in line, then calls you when they've reached an agent. It works because they have technology that deals with the hold times and transfer issues. I was extremely skeptical too - I spent over 4 hours on multiple days trying to get through myself with no luck. With Claimyr, I got a call back in 17 minutes with an actual IRS agent on the line. They don't provide tax advice - they just connect you with the IRS so you can get your questions answered directly from the source. It saved me from taking a day off work just to sit on hold.
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Zoey Bianchi
I owe everyone an apology - especially Profile 14. I was so convinced nothing could help with reaching the IRS that I called BS on the Claimyr suggestion. Well, I was desperate enough to try it, and I'm honestly shocked. Got connected to an IRS agent in about 25 minutes. The agent confirmed exactly what I needed to do when both my ex and I claim the same dependent. They even gave me a reference number for the call and added notes to my account about the situation. I'm still going to have to paper file since my ex already claimed our son, but now I have clear instructions on what documentation to include and what to expect during the review process. Sometimes being proven wrong is actually a good thing! Sorry for being so negative before.
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Christopher Morgan
Just a heads up - I work at an accounting firm and see this ALL the time. One important thing: if you claim your daughter and your return gets accepted first, your ex's return will get rejected if he e-files. The system automatically flags duplicate SSNs. If he paper files, it'll take months before the IRS catches it. Make sure you keep documentation proving she lived with you for more than half the year - school records showing your address, medical appointments you took her to, childcare receipts, etc. The IRS typically sides with the custodial parent in these disputes unless there's a Form 8332 involved.
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William Schwarz
•Thanks for this info! I actually just gathered all her school records, medical appointments, and even have a letter from her pediatrician confirming I bring her to all appointments. I'm filing tomorrow morning electronically. I never signed any Form 8332 - honestly hadn't even heard of it until researching this issue! Do you think I should tell him I'm claiming her or just go ahead and file? I'm worried if I tell him, he'll rush to file first just to be difficult.
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Christopher Morgan
•I would just go ahead and file without telling him. From a strategic standpoint, there's no advantage to alerting him first. If your return is accepted first with your daughter correctly claimed as your dependent, the system will be on your side. If he does manage to file first, you'll need to paper file and include all that documentation you've gathered. In either case, you're well-prepared with the evidence showing you're the custodial parent. Just make absolutely sure you're eligible (which it sounds like you are) since incorrectly claiming a dependent can result in penalties if challenged.
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Aurora St.Pierre
My daughter's father pulled this same stunt last year. Here's what happened: he filed first and claimed our daughter even though she lives with me full-time. My electronic return got rejected because her SSN had already been used. I had to paper file and include a letter explaining the situation along with proof she lived with me (school records, medical bills, etc.). It took almost 4 months, but the IRS eventually processed my return correctly AND sent him a notice to pay back the credits he shouldn't have received. The most important thing is to act fast and file as soon as possible! Don't wait!
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Grace Johnson
•Did you have any kind of custody agreement? I'm wondering if having legal documentation makes a difference in how quickly the IRS resolves these situations.
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Jayden Reed
Don't forget about the stimulus payments from 2024 that were tied to dependents! If he incorrectly claims your daughter, it could affect any remaining credits you're entitled to receive. Make sure you correctly report any advance payments you received for her during the year on your tax return. Also, as the custodial parent, you qualify for Head of Household filing status which gives you a higher standard deduction than filing Single. Make sure you're claiming that benefit too!
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William Schwarz
•Thank you! I'm definitely filing as Head of Household - that's a big help with the higher standard deduction. I didn't know about potential issues with stimulus payments though. I received all the payments for her directly to my bank account since I claimed her last year, so hopefully that won't be an issue. This whole situation is so frustrating. I just want to file correctly and get the benefits I'm entitled to as the parent actually raising our child day-to-day. Really appreciate everyone's advice and support here!
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Ella Lewis
I'm going through something very similar right now with my ex-husband. One thing I learned from my tax preparer is that you should also keep records of any expenses you paid for your daughter throughout the year - things like clothing, school supplies, extracurricular activities, medical copays, etc. The IRS looks at who provided more than half of the child's support, not just where she lived. Since you mentioned you're the one handling all her paperwork and she lives with you 280+ days, you're clearly the custodial parent. But having those expense records helps prove the support test too, especially if your ex tries to argue that his child support payments mean he provided more support. I'd also suggest taking screenshots of any text messages where he acknowledges that she lives with you most of the time, or where he's inconsistent about paying support. That kind of documentation can be really helpful if the IRS needs to investigate. Good luck with your filing!
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Paolo Bianchi
•This is really helpful advice about keeping expense records! I hadn't thought about documenting all the day-to-day costs like school supplies and clothes. I definitely spend way more than what he pays in child support (when he actually pays it). I actually do have some text messages where he admits he can't take her certain weekends because of work, and a few where he says he'll "catch up" on support payments later. Should I print those out or just save screenshots? I want to make sure I have everything organized in case the IRS needs to review my claim. Also, did your tax preparer mention anything about how long these disputes typically take to resolve? I'm hoping it won't drag on too long since I really need that refund for my car repairs.
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