I’m Separated from my Husband and he Doesn’t have Custody or Pays for Child Support, Should I Give him our Children’s Social Security Numbers for Tax Purposes?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“My husband and I have been separated for 3 years now and when he left he agreed to give $200 a week child support i don’t know why he hasn’t filed for divorce but if i had the money i would have already been divorced, but anyway he is behind $3,200 right now and he hasn’t called or talked to his kids in over a month then he calls today wanting the kids and my social security numbers to file taxes and he is part owner of a sign business and i know he owes taxes from last year where he filed at h&r block and he received a rapid refund and then the irs kept his tax r eturn for 2003 taxes now he owes the bank for H&R block over $7,000 and i do not want to give him our social numbers i’m afraid this will cause me and the kids problems. Should i let him file or should i refuse to give him the social numbers. Please help in need an answer today asap.”He can always file married separately. He is entitled to the information about the children, and if you do not have earnings, then you need to decide whether you would prefer the IRS to have the money for the deductions, or would you rather it be kept in the family.

Question: The verbal agreement to pay support is worth the paper it is written on. He likely owes you nothing. You might want to at least start an action in the county support collection division. They will be relentless in their pursuit of support, and there usually is no filing fee.