To I AM ALWAYS LIABLE

[DennisK]

Pennsylvania.

Let me give you the situation. My ex has a variety of health problems at the current time. I just went into court yesterday to have my visitation modified so I would have more time with the kids in the event that something happens to her, they would be a little more well adjusted if I have to move them. The judge agreed that an increase in visitation at this point would provide the children with the love and support they need right now and definately help in the future.
My question is about support. We went into court in June and because she is not working I am finally liable for 100% of the children's support. This is fine considering the circumstances but I was wondering about Social Security Benefits that she could receive due to her illness. Am I correct in understanding that she would have to be disabled for 6 months before she receives any help? Secondly, she is 31 years old. Does she have to prove that she is permanently disabled to get benefits. My feeling is that they may only give her benefits if she is terminal. I don't know her exact prognosis as I believe asking for that by court order would invade her right to privacy but from everything I've heard, it doesn't look good. I also need to know the law about claiming dependants on a tax return. If I am to provide 100% of the support, how long should I wait before asking for a modification on this issue? She hasn't worked since February. I would appreciate any insight you might have.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DennisK:
Pennsylvania.

Let me give you the situation. My ex has a variety of health problems at the current time. I just went into court yesterday to have my visitation modified so I would have more time with the kids in the event that something happens to her, they would be a little more well adjusted if I have to move them. The judge agreed that an increase in visitation at this point would provide the children with the love and support they need right now and definately help in the future.
My question is about support. We went into court in June and because she is not working I am finally liable for 100% of the children's support. This is fine considering the circumstances but I was wondering about Social Security Benefits that she could receive due to her illness. Am I correct in understanding that she would have to be disabled for 6 months before she receives any help? Secondly, she is 31 years old. Does she have to prove that she is permanently disabled to get benefits. My feeling is that they may only give her benefits if she is terminal. I don't know her exact prognosis as I believe asking for that by court order would invade her right to privacy but from everything I've heard, it doesn't look good. I also need to know the law about claiming dependants on a tax return. If I am to provide 100% of the support, how long should I wait before asking for a modification on this issue? She hasn't worked since February. I would appreciate any insight you might have.<HR></BLOCKQUOTE>

My response:

Hello Denny. I don't practice Social Security law, and the issue has never arisen for me. However, I have perused to following links for you, and you should be able to locate your answers within:
http://www.cfids-me.org/disinissues/
http://www.ssa.gov/odhome/dinotes.htm
http://www.e-text.com/sslaw/

Insofar as your tax situation is concerned, I presume your Court orders on the subject discuss this subject. Usually, such court orders are written in such a way that, 1) one of the parents is allowed to take the deductions; 2) the obligor (you) can take the deduction, 3) the parent who pays 51% of the support can take the deduction, or 4) if the order is silent on the issue, then the deduction goes to the parent who can meet the IRS guidelines.

You didn't say who is entitled to the deduction per the court orders; however, I gather from your phrasing that it is your exwife who is named to take the tax deduction, and that you want that changed. It would have saved you a ton of money if you had requested a change in that category at the time of your last hearing. So, if your court orders do discuss this matter, and you want a change, you need to file again for a change in the orders.

Hope this help you Denny, and you've got a lot of reading ahead of you.

Good luck.

IAAL



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