how long can have over the asset limit?

[wounderinme]

What is the name of your state (only U.S. law)? ME

Hiya all. I am trying to find out how long someone can have over the limit of assets before getting into trouble. sent an email to ssa other day asking and got back a basic message saying call them and its a weekend so can't.

Whats is going on is when we get taxes back it puts us over the limit(wife get ssdi and stepson gets ssi). We want to plan a family trip but want to take my 2 kids form my 1st marriage so to be fair. But we can't plan it for Feb school vac week as can't be sure that we will get the taxes back in time, and we don't know if we can hold on to that amount till April school vac(ex wife dose not want to let me take kids out of school to go on the trip). We want to find out as soon as we can so we can make our chose of what to do. we see 4 things we can do and are trying to do the right thing.

1. not go to be fair to my 2 form 1st marriage.
2. am able to keep money in bank till April school vac and take all 3 kids.
3. get ex to let me take kids out of school for the trip.
4. go with out my 2 and deal with the fall out.

 

[Proserpina]

What is the name of your state (only U.S. law)? ME

Hiya all. I am trying to find out how long someone can have over the limit of assets before getting into trouble. sent an email to ssa other day asking and got back a basic message saying call them and its a weekend so can't.

Whats is going on is when we get taxes back it puts us over the limit(wife get ssdi and stepson gets ssi). We want to plan a family trip but want to take my 2 kids form my 1st marriage so to be fair. But we can't plan it for Feb school vac week as can't be sure that we will get the taxes back in time, and we don't know if we can hold on to that amount till April school vac(ex wife dose not want to let me take kids out of school to go on the trip). We want to find out as soon as we can so we can make our chose of what to do. we see 4 things we can do and are trying to do the right thing.

1. not go to be fair to my 2 form 1st marriage.
2. am able to keep money in bank till April school vac and take all 3 kids.
3. get ex to let me take kids out of school for the trip.
4. go with out my 2 and deal with the fall out.

I'm really not trying to be mean here, okay? But let's ask another question:


Is it fair for your family to use those funds when the family is perhaps not entitled to do so? Is that fair to everyone else?

 

[Onderzoek]

What is the name of your state (only U.S. law)? ME

Hiya all. I am trying to find out how long someone can have over the limit of assets before getting into trouble. sent an email to ssa other day asking and got back a basic message saying call them and its a weekend so can't.

Whats is going on is when we get taxes back it puts us over the limit(wife get ssdi and stepson gets ssi). We want to plan a family trip but want to take my 2 kids form my 1st marriage so to be fair. But we can't plan it for Feb school vac week as can't be sure that we will get the taxes back in time, and we don't know if we can hold on to that amount till April school vac(ex wife dose not want to let me take kids out of school to go on the trip). We want to find out as soon as we can so we can make our chose of what to do. we see 4 things we can do and are trying to do the right thing.

1. not go to be fair to my 2 form 1st marriage.
2. am able to keep money in bank till April school vac and take all 3 kids.
3. get ex to let me take kids out of school for the trip.
4. go with out my 2 and deal with the fall out.

Resource limit for your stepson with SSI is $2000. There is no resource limit for your spouse who gets SSDI. However, if you and your spouse's resources exceed $3000, the excess is added to your stepson's resources (children often have zero) and if the amount is over the limit as of the first day of any month, the stepson is not eligible for SSI for as many months as the resource limit is exceeded.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501110600

As of 1/1/10, funds that represent money from tax refunds are excluded from the $2000/$3000 resource limit for 12 months.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501130676

So, you can take the refund of the taxes you actually paid, and the gift from the federal government (also called the Earned Income Tax Credit) and save it and not lose the other gift from the federal government (the SSI check to your stepson) and have a fun vacation with all your children. Hope they are all grateful for the gift.

You may need to prove to SSI someday that the excess resources did come from the tax refund. They won't make that assumption without proof.

 

[LdiJ]

Resource limit for your stepson with SSI is $2000. There is no resource limit for your spouse who gets SSDI. However, if you and your spouse's resources exceed $3000, the excess is added to your stepson's resources (children often have zero) and if the amount is over the limit as of the first day of any month, the stepson is not eligible for SSI for as many months as the resource limit is exceeded.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501110600

As of 1/1/10, funds that represent money from tax refunds are excluded from the $2000/$3000 resource limit for 12 months.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501130676

So, you can take the refund of the taxes you actually paid, and the gift from the federal government (also called the Earned Income Tax Credit) and save it and not lose the other gift from the federal government (the SSI check to your stepson) and have a fun vacation with all your children. Hope they are all grateful for the gift.

You may need to prove to SSI someday that the excess resources did come from the tax refund. They won't make that assumption without proof.

The easiest way to do the bolded is to have the money direct deposited into your bank account. That shows it comes from the IRS, and that along, with a copy of your tax return is pretty solid evidence.

 

[wounderinme]

thanks all for the info sorry was so long in getting back. Now I just have another issue. My ex keeps giving me different reasons why she thinks it is a bad idea to take the kids on a trip like that. I had wanted to go during the dead time of the year for the parks.(also when it be cooler down in FL and not hitting temps of 90-100+ each day) But that would be during a time when I only get them ever other weekend. Meaning I need her ok to take them during her time. But seems I may have to wait till summer when based on the court papers I get 2 weeks with the kids and the paperwork say nothing bout taking kids out of state on a trip. Dose this mean I can take them and she can't say anything bout it? Just trying to figure out what to do. I got people telling me at I should do one of two things to get her to let me go during the time of the year that i want to. They all say I should tell me ex shes got a few things she can chose form.

1. she can let me have them during the time of year i want to go and i can keep her in the loop bout everything, such as hotel name and number. what parks going to what day. the route going drive down. etc.

if she don't chose that one i am being told to tell her one of 2 things is going happen

1. If me and current wife decide to go anyways without the 2 form 1st marriage tell her when the kids ask me why they can't go tell them that its her fault for not letting me take them.(this sounds bad as it gets the kids into a area that they should be in)

2. tell her ok i am taking them during my time in summer and will not be giving her any info such as hotel name route driving or what parks doing so shes in the dark the whole time.(this also sounds like a rotten thing to do).


I figured i ask here form people who know what the laws are and how to do this the right way.

 

[LdiJ]

thanks all for the info sorry was so long in getting back. Now I just have another issue. My ex keeps giving me different reasons why she thinks it is a bad idea to take the kids on a trip like that. I had wanted to go during the dead time of the year for the parks.(also when it be cooler down in FL and not hitting temps of 90-100+ each day) But that would be during a time when I only get them ever other weekend. Meaning I need her ok to take them during her time. But seems I may have to wait till summer when based on the court papers I get 2 weeks with the kids and the paperwork say nothing bout taking kids out of state on a trip. Dose this mean I can take them and she can't say anything bout it? Just trying to figure out what to do. I got people telling me at I should do one of two things to get her to let me go during the time of the year that i want to. They all say I should tell me ex shes got a few things she can chose form.

1. she can let me have them during the time of year i want to go and i can keep her in the loop bout everything, such as hotel name and number. what parks going to what day. the route going drive down. etc.

if she don't chose that one i am being told to tell her one of 2 things is going happen

1. If me and current wife decide to go anyways without the 2 form 1st marriage tell her when the kids ask me why they can't go tell them that its her fault for not letting me take them.(this sounds bad as it gets the kids into a area that they should be in)

2. tell her ok i am taking them during my time in summer and will not be giving her any info such as hotel name route driving or what parks doing so shes in the dark the whole time.(this also sounds like a rotten thing to do).


I figured i ask here form people who know what the laws are and how to do this the right way.

Don't make any threats. Just review your orders carefully to make sure that there are no provisions for vacations outside of summer. Then, if mom won't agree to you taking them on a non-summer vacation, wait until summer and go then.

 

[TheGeekess]

What is the name of your state (only U.S. law)? ME

Hiya all. I am trying to find out how long someone can have over the limit of assets before getting into trouble. sent an email to ssa other day asking and got back a basic message saying call them and its a weekend so can't.

Whats is going on is when we get taxes back it puts us over the limit(wife get ssdi and stepson gets ssi). We want to plan a family trip but want to take my 2 kids form my 1st marriage so to be fair. But we can't plan it for Feb school vac week as can't be sure that we will get the taxes back in time, and we don't know if we can hold on to that amount till April school vac(ex wife dose not want to let me take kids out of school to go on the trip). We want to find out as soon as we can so we can make our chose of what to do. we see 4 things we can do and are trying to do the right thing.

1. not go to be fair to my 2 form 1st marriage.
2. am able to keep money in bank till April school vac and take all 3 kids.
3. get ex to let me take kids out of school for the trip.
4. go with out my 2 and deal with the fall out.

If wife is getting SSDI, is son receiving dependent benefits from her SSDI?

 

[wounderinme]

yes step-son dose get some ssdi form his mother but its not much like $34 a month. But he also gets ssi for some stuff of his own.

The reasons she gives for not wanting to let me take them to Disney World are.

1. She don't like the idea of them being that far away form her.
2. She don't think I can keep them happy during the 2 - 2 1/2 days it take to drive down and back. I plan on having a couple laptops to let them watch dvds on and all 3 have DS with plenty of games. Plus the sights that they can see during the drive should keep them happy.
3. My oldest sometimes get car sick. I have been asking her for a while to have his doctor recommend some over the counter car sicking pills or such. If i have to I will call the doctor and ask.

I have read over my court papers 3 or 4 times Only thing it says bout visits is i get them every other weekend, 2 back to back weeks in the summer and that we split holidays and school breaks. It say nothing bout weather or not we can take them out of state on trips or such. Which I would guess means that she would have to go to court to stop me.

I though bout trying to talk to her and explaining that with the way the court papers are writing I can take them during my 2 weeks in the summer even without her ok. Or we can work something out to both of our liking for another time in the spring.

 

[Just Blue]

yes step-son dose get some ssdi form his mother but its not much like $34 a month. But he also gets ssi for some stuff of his own.

The reasons she gives for not wanting to let me take them to Disney World are.

1. She don't like the idea of them being that far away form her.
2. She don't think I can keep them happy during the 2 - 2 1/2 days it take to drive down and back. I plan on having a couple laptops to let them watch dvds on and all 3 have DS with plenty of games. Plus the sights that they can see during the drive should keep them happy.
3. My oldest sometimes get car sick. I have been asking her for a while to have his doctor recommend some over the counter car sicking pills or such. If i have to I will call the doctor and ask.

I have read over my court papers 3 or 4 times Only thing it says bout visits is i get them every other weekend, 2 back to back weeks in the summer and that we split holidays and school breaks. It say nothing bout weather or not we can take them out of state on trips or such. Which I would guess means that she would have to go to court to stop me.

I though bout trying to talk to her and explaining that with the way the court papers are writing I can take them during my 2 weeks in the summer even without her ok. Or we can work something out to both of our liking for another time in the spring.

sigh...The word is DOES. Not "dose'. Might want to spend those $$ on basic grammar lessons.

 

[wounderinme]

Thanks for the info all. Sorry its been a while. One last thing. I have search and search online. I can find a bunch of info on custody issue under Maine law. But the one thing i can't find is the default laws on out of state vacations. Can anyone post a link at all to one so that I read it myself and see what I can find for it.

 

[LdiJ]

Thanks for the info all. Sorry its been a while. One last thing. I have search and search online. I can find a bunch of info on custody issue under Maine law. But the one thing i can't find is the default laws on out of state vacations. Can anyone post a link at all to one so that I read it myself and see what I can find for it.

You are not finding anything because there are no laws regarding out of state vacations. Therefore if your orders do not restrict what you can do on your vacation time, you are free to do whatever you like.

 

[wounderinme]

Well thank you all for the information. I have tried to work this out with my ex but its going nowhere fast. She has even said if I take them out of state during my week in the summer then she will call the cops. While I know that nothing would happen based on what I have learned here, that is something I do not wish to have my kids have to go though. I have decided the best course of action is to file to have the custody papers changed to include wording to the effect that we each can have 2 week in a row to take the kids on a vacation of some sort. Based on reading post on this helpful board I plan on wording it in a way that as long as we give the other parent 2 or 3 months notice(in writing) that the other parent can't say no or stop the kids from going. I know how to get the right paperwork for this. But the one thing I can't figure out is where I have to file. The divorce case was done in Penobscot County where I still live. My ex moved to Androscoggin County shorty after the divorce. Do I file in my county or hers?