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Last Name

Ssamantha's picture

When BM was married to my FH, she never legally changed her last name to his. However, she continues to use it and claims to him that she can legally use it (even though she never changed it). Even though she claims this is her legal name, she files her tax returns with her maiden name. He has been trying to find out why child support can never catch up with her when she starts a new job and why her tax return is never taken even though she owes him a couple of thousand. The state even has a service that he paid for that put her in their system so that her arrears would be taken from her tax return and the arrears would show up on her credit. We think it's her last name that's causing all the problems since she uses his name with family court. Is there a way to get the court to change her name in the case paperwork to her LEGAL name? She has skipped town again and no one wants to start the process of trying to locate where she works, etc.

Comments

Butterflykissesandlicks's picture

Technically, as long as she has a signed marriage license and the two were married and she could cough it up, she can use any name that she desires. There actually is no current law that dictates what name you must use. I use my maiden with my new married name actually.

Did she ever change it with SS? DMV, anything? I still have not changed everything myself. It has been a royal PITA to do so.

good luck!

Ssamantha's picture

No, she never changed it with SS....thus the reason why she has to file her taxes with her maiden name. I think she changed it with the DMV and that's it. I'm not really understanding how someone can go around using two different names. Either legally change your name to FH's last name or use the legal name you have now.

Ssamantha's picture

She has filed for the past several years and has gotten thousands back while owing FH thousands. Child support never ever finds her place of employment either...FH always has to notify them when he is able to find out. It's pretty ridiculous.

Ssamantha's picture

He has called both state and fed govt. The fed told him that he needed to contact the state and he contacted the state and they said she is listed in the fed database so they have no idea why her refunds aren't being taken.

It wouldn't even be such a big deal, but she has moved (without telling him btw) this week and he doesn't have her residential address, her new job's address and there's no way she will give it to him. We have the kids full-time since she has left them again and he really would like to at least get the arrears since we know the chances of them finding her new job are very slim.

Rags's picture

Her SSN is the key. DH needs to make sure his lien is registered in court with her name, any aliases which is what her use of his last name is, and her SSN. They will take money from her check and taxes for CS based on her SSN.

Good luck.