support for special needs child

[special mom]

What is the name of your state? Maryland

I went to court for a modification in June with my daughter's father. They increased her support and took into consideration her high medical bills, but set a review hearing in September because the father did not bring any proof of income to the proceedings. They based the support on him saying he made 45,000 a year but want proof of income because he owns his own business. He told me in front of witnesses that he grosses between 85,000 to 90,000. Before the modification hearing in June, I got 64 dollars a week, and they increased that to 868.00 per month. (high medical expenses). Since the order has been in place he dropped his main contract for work, and is working under the table. He is now only sending 50.00 a week when he sends anything. The child support office told me that they can't enforce the order until it's been in place for 60 days. My question is how do I petition the court at the review hearing to base his income on potential income, since he's claiming unemployment. My daughter's medication bills alone are 500.00 a month for my co-pays on top of the payment plans I have in place with hospitals for over 300.00 per month. Also, could I factor in the travel to and from appointments which is 600 miles per month. (gas prices ouch!) Any help would be greatly appreciated.

 

[ceara19]

Is he trying to request ANOTHER modification now? The fact that it has been less then 2 months since the last modification, his sudden "unemployment" is going to look suspicious.

 

[rmet4nzkx]

They can impute an income even if her drops contracts or is working under the table. Who are these witnesses? Do you have any proof of him dropping the contract or working under the table? Has the IRS been contacted?
What is the nature of your child's disability? Medications? How old is your child?

 

[nextwife]

They based the support on him saying he made 45,000 a year but want proof of income because he owns his own business. He told me in front of witnesses that he grosses between 85,000 to 90,000.

Ok, just to point out something. Depending upon the type of business, a gross of $85,000 to $90,000 would not be at all INCONSISTANT with a net of $45,000.

Example: my husband is producing an order of 10,000 items for a customer. The COST is about $8 each, the profit is about $1 each. So the gross cost (that is ONLY ITEM cost, does not include his other operating expenses such as advertising, sampling, shipping materials, phone, etc.) is about 88.8% of what he can sell it for. When I sold real estate, my expenses were about 50% of my gross.

Also, what he stated in front of a bunch of acquantances at a party, picnic, football game or in a bar is irrelevant and not "proof" of anything. Men often OVERSTATE both their prowess and their incomes in casual conversation!

Did HE drop the client contract, or did the client drop him as a provider?

 

[special mom]

special mom's reply

To answer all the questions, the new hearing in September was ordered by the court in order for the father to gather income information. The master told him "When you come back you need to bring last years income taxes filed by a professional". So, he's not requesting a modification, the court is taking another look at the income information. My concern is that he's going to come in without a job and try for a reduction. In regard to my daughter's condition, she has a mass in her left frontal lobe that is believed to be causing a serious seizure disorder. She also has Apraxia of speech, hypotonia, ADHD and the doctors say, but I don't believe, mental retardation. She is a bright beautiful girl who happens to need round the clock care. She is 6 years old, has been in speech, OT and PT since age 18 months, is on medication for the seizures and the ADHD. Unfortunately, the seizure activity is increasing and we don't know why. We don't know what the mass is, but are monitoring it by MRI. It is in the center of her brain and the doctors at John's Hopkins and University of MD Medical Center feel that it is inoperable at this time. If it grows, then we'll go on the assumption of glioma (cancer) and if not, we're thinking damage from previous seizures. As far as the witnesses, they are all my family, so I know that doesn't carry much weight. I've not contacted the IRS. According to what he told me, he dropped the contract because he "felt at this time of his career he felt he could be choosy about the work he does." I know that there were operating expenses, but I have w2's from other people in his field who make 77,000 a year working for companies in our area that are currently hiring. He has chosen not to even apply. I spend every dime on her care and am going into debt to pay for her medications and care so I don't have any extra for an investigator. Do you think it will make any difference?

 

[ceara19]

Once you have children, you no longer get to be "choosy" about the work you do. You do what you have to in order to take care of your children. Child support can be set based on his earning capability, but more important then showing what others earn with his degree would be finding job OPENINGS that he is qualified for in his area.

On a different subject, if you have doubts about your daughter's doctor, you should really consider getting a second opinion. An 18 month old on ADHD medication is considered questionable in many medical circles. Have you looked into financial assistance for the medical bills? Many drug manufacturers will give the drugs to people at a huge discount or for no cost at all. There are also many private organizations that can help if you don't qualify for public assistance. If you send me a PM, I'll be happy to pass along the info for your area and the drug companies (I'll just need the manufacturer of the meds she takes).

 

[special mom]

I have letters from 2 companies that are currently recruiting and the salary that they offer. He has just chosen not to inquire. As far as my daughter's health, she has been in therapy since 18 months, but the ADHD diagnosis didn't come along until she was older. Sorry I was unclear. I have looked into financial assistance and SSI but I don't meet the financial qualifications. I also contacted GlaxoSmithKline for the Lamictal and Lilly for the Strattera and was told that because we do have insurance we do not qualify for assistance regardless of the amount of the copay. I would be very interested in any private organization that might be able to help us. Not sure how to post a PM here on this forum.

 

[ceara19]

I have letters from 2 companies that are currently recruiting and the salary that they offer. He has just chosen not to inquire. As far as my daughter's health, she has been in therapy since 18 months, but the ADHD diagnosis didn't come along until she was older. Sorry I was unclear. I have looked into financial assistance and SSI but I don't meet the financial qualifications. I also contacted GlaxoSmithKline for the Lamictal and Lilly for the Strattera and was told that because we do have insurance we do not qualify for assistance regardless of the amount of the copay. I would be very interested in any private organization that might be able to help us. Not sure how to post a PM here on this forum.

Just click on my name and choose Send a Private Message.

 

[rmet4nzkx]

Thank you for the details of her disability. Are you connected with your state's developmental disabilities department, many children are bright but for various reaons are effectively, retarded or unable to access their means of expression. Do not see that diagnosis as a bad thing, it can be the answer to obtainng the care she needs. She is really too young to have a firm diagnosis aside from the seizure disorder. Exaclty when did the seizures become worse? Does she have an attendent while at school?

 

[special mom]

reply from special mom

rmet4nzkx,

We are recently enrolled with the DDA, we were accepted in August 06. Our resource coordinator has been on vacation and will be until August 31. I've left messages with his supervisor to try and get some interim assistance with the educational problem. The seizures began to worsen this past March, she seized for over an hour, and later we discovered she was still having focalized seizures in her arm for at least 4 hours, even with medication. The diagnosis of the focalized problem was complicated by Todd's paralysis. That was when her mass in the left frontal lobe was discovered. They don't know what it is but AI Dupont thought glioma, Hopkins thinks damage from the seizure. However, both are in agreement, not operable. Since March, the seizures are much more frequent, ranging from absence to tonic clonic. She has been having them on a weekly basis and the past 2 weeks she's had 13. She had a 1-1 para last year and this year, they say the para in the room is for her only, but there is only the regular ed teacher for the other students. I have a hard time believeing the para will be only for her. She is not verbal, due to the Apraxia of speech, and is in speech 3x weekly. We had a great IEP set up and I feel the goals are really on the mark, if only I can have it implemented.

 

[rmet4nzkx]

rmet4nzkx,

We are recently enrolled with the DDA, we were accepted in August 06. Our resource coordinator has been on vacation and will be until August 31. I've left messages with his supervisor to try and get some interim assistance with the educational problem. The seizures began to worsen this past March, she seized for over an hour, and later we discovered she was still having focalized seizures in her arm for at least 4 hours, even with medication. The diagnosis of the focalized problem was complicated by Todd's paralysis. That was when her mass in the left frontal lobe was discovered. They don't know what it is but AI Dupont thought glioma, Hopkins thinks damage from the seizure. However, both are in agreement, not operable. Since March, the seizures are much more frequent, ranging from absence to tonic clonic. She has been having them on a weekly basis and the past 2 weeks she's had 13. She had a 1-1 para last year and this year, they say the para in the room is for her only, but there is only the regular ed teacher for the other students. I have a hard time believeing the para will be only for her. She is not verbal, due to the Apraxia of speech, and is in speech 3x weekly. We had a great IEP set up and I feel the goals are really on the mark, if only I can have it implemented.

It's too bad your child wasn't enrolled in early intervention upon her first seizure with the DDA, then you would not be fighting the same battle, although you would eventually. The problem is to focus on the seizure disorder especially since they are not controlled by medication. You do understand why I suggested schools that specialize on Autism, because they also frequently have seizure and speech disorders as well and so are better equiped than most mainstream classrooms. So contact the KKI. The case manager's supervisor should be able to help.

 

[special mom]

Help...Please

I have posted, under the education thread, a proposed letter to the school regarding my daughter's placement and deviation from the IEP. Any advice would be greatly appreciated...

 

[special mom]

We have success! I posted the response from the Director of Special Education in the Education Law forum. Thanks to all.....