Child Support Modification vs. Disability Benefits. What to do?

[Fatherforever]

 Hello again,

I have a question and it may be very specific to the issues with my ex wife so I hope this will all make sense!

I have primary custody (75%/25%) of our two young boys (ages 3 and 5). My ex wife was calculated to pay $445 in child support, but that was brought to zero, using the residential creditin our divorce decree last year (2008). She doesn't help pay anything. She has been on disability (she was diagnosed with cancer beginning of the year, ended chemo in September 2009) since late last year. What would be the steps I would need to take to get child support?

1. Can I go to social security office and get guardianship of the children's disability benefits through her SSN? or is that something she would need to do? (and I know she wouldn't do it!)

2. Or do I first need to modify the order to show she owes support, and go through DSHS?

3. Or do I need to modify the order and then go through her disability?

And some people have mentioned in other discussions about getting disability for the children through her SSN, but what exactly must be done in order to achieve this? I mean is it legal to use her SSN to get benefits for the children without her permission? I don't know what route to take... especially since she is on disability, her child support would be $25 per child, since she makes under $1000 a month (according to Washington state law).

Thank you all for your help.
~Confused... Fatherforever

[ocean]

You go to the SS office and fill out a claim for the children. SHE was asked when she filled out her application out if she had children so my guess is either:
-she was denied benefits and getting SS benefits from a job privately
or
- she put down kids and is getting the money.

If she gets the federal SSDI then you are legally allowed to go and put in a claim. You need proof, bring birth certificates and one more ID to prove their name/ages. You need proof of who you are and that you have legal custody of kids. IF she is getting the money for them, then they will go after her and not pay her until that money is repaid. YOU will get a retro check from when she started getting disability.

I would go this route first and see what she is getting....disability depending on the type of job she had can be a lot then you might not want to go after child support and the hassle of it if you are getting money from SSDI. They direct deposit in your account once a month.

You can try calling them first, they may tell you if there is a case open. Sometimes they take the case over the phone or give you an appt to come in.

[MixedBag]

I too agree with this approach -- if you can keep it out of family court, then it's worth a try.

[Shanni]

This can be done rather easily as Ocean has stated.  Both children should be listed on her disability and with the proper paperwork can be switched within a month.  Word to the wise though make sure  you have it set up so that the way the payments are sent cant be changed by her once you get the guardianship of their money.  I personally use the debit cards for it, that way if any changes are made I get a notification from SS.

[Fatherforever]

Ocean,

So if I go to the social security office and she has been getting money for the children, would that be social security disability fraud if she has been getting the children's money?

And as far as bringing information about having legal custody of the children, do I just need my divorce decree? I mean we have joint custody but they live with me 75+% of the time. The thing that I will have problem with is that the social security office is opened from 9 to 5 on weekdays, looks like I may have to take an early day to go get this figured out.

She has been on disability for over a year, does that mean that she would have to pay back all the children's money she has been getting for all that time.

Thanks so much for your help!

[ocean]

Let them deal with the money fraud part of it (maybe she never put the kids on it??)...just call them on your lunch break and ask how you go about getting the benefits under their mother since you have custody. They may tell you right on phone if she has been getting benefits.

Yes bring divorce decree...ss cards, birth certificates, utility bills to prove address....(they asked for so much...lol)

Yes you would get back pay but sometimes there is a wait period depending on the disability. SO she may not have gotten money for the first 3-6 months...

The other poster is right...if she is already approved you can easily prove that you get the benefits and be paid next month...

Are you sure she gets SSDI from the government? or through her last job? or both?

[Fatherforever]

A little update...

Called Social Security today, was able to get information about what my Ex is receiving. The woman I talked with said that she is getting SSD (social security disability) and setup an appointment for me next Tuesday to get everything setup. At that time they will determine the amount the children's benefit will be. She also explained to me on the phone that there was no way she could have claimed the children without proof that they lived with her and since are divorce decree says otherwise... she couldn't claim them.

Now of course this post would not be complete without another question... since I would be receiving some financial help for the children from my Ex in a round about way; does she still owe her share in child care costs? (in our decree child care costs were kept separate from child support and she owes 35.2% of day care costs). Is it up to her to file a change in income to change the percentaged owed with her being on disability? I am asking because she still owes me $1,252 in day care for the second half of this year.

I hope this outcome with social security benefits for the children, will be helpful to others put in a similiar situation.

~Fatherforever

[ocean]

YEAHHH !!! Good, next week they will put you in their system and you will get payments! Did she say if they will backdate it...they should....

Yes, she owes the daycare costs AND you can even get CHild support from her (the percentage taken from HER disability check). Send her the receipts certified mail then file a contempt charge (she will not be able to bring up a child support case at that hearing so she will only be answering for why she is not paying what is court ordered).
Then you can make a decision if you want to go for child support too...

[Shanni]

In my case when I filed for child support because I was already given guardianship of the ssi money for the boys Child support agency in Ohio used that money as her child support. The only person who ended up paying actual child support was the father. 

[Fatherforever]

I did not ask during the phone conversation about back dating their benefits, nor could she tell me how much money my Ex was claiming on disability. I will definitely ask when I go in and get everything setup for the children.

I wasn't planning on filing for child support anytime soon, I just want to be sure the children get the proper care they need. In future if my Ex Wife ever decides to work again (I believe she will stay on disability until they kick her off of it) I think at that time I would file for child support modification.

I will file for contempt beginning of the year, want to get all this years' day care expenses in one contempt motion.

Will social security notify her that her children are receiving benefits off her social security? I will be excited to tell her that I am getting money from her social security after her telling me again and again she isn't going to help pay, etc. I'm allowed to be a little evil towards her sometimes :-), especially after her latest voice mail:

"And also motherf#cker... don't even expect no more money from me 'cause you ain't getting it and you can try to take me to court, because they won't take sh!t from me, they'll laugh in your f#ckin' face! Cause they can't take any money from my social security, so you're pretty much f#ckin' screwed you stupid piece of sh!t..."

A small victory for my children, and some sweet justice for me. :-)

[Shanni]

Yes they will notify her that the children are getting benefits, but there is nothing she can do about it going to you, as you will be considered guardian of their money.  Dont be surprised if they dont back date it the time frame that she started receiving benefits, So be wary once she finds out that you are getting this money that she doesnt try and switch out how you recieve it. ( been there done that) Our situation was that she found out that they were back paying the youngest since he had never been put on her disability, and she filed a direct deposit to HER checking account so that she could get the large check, It back fired on her as I report the payment stolen and treasury deptment went after her for the payback of it. 

[Fatherforever]

If they back date the children's benefits, would they send it all at once, or add it on to each monthly payment? Either way I will finally be able to set up some savings for the children for them to use for college and what not later in life.

[Shanni]

Yes you should get it all in one lump sum, It should be 2 separate checks, also fyi you will have to fill out a yearly report to social security telling them what the money was spent on.  There are some pretty hefty guidelines for putting it in a savings accounts and such, so make sure you ask them for the guild lines when you have your appointment.  There is a baseline amount that they will receive and it will be split between the 2 kids. 

[ocean]

You can say on the form that you spent it all on day to day living expenses too and be done. If you put any of that money into an account they want all the information, account numbers, how much.
Other poster is right, the amount will be split in the middle but you will get two checks/deposits, one for each child.

The phone records and voicemails...has to be original (come from phone or machine at home and brought to court) in order to get it into evidence. Also the phone records, you have to supenea the phone company to say how many times she called and when she called. (especially if your ex gets a a lawyer...). We were able to get both in but it took some leg work to do. Date each tape and then YOU will have to say you recorded it and put it in your safe and no one has access to change the tape....if you girlfriend does it SHE will have to go on the stand and talk about it. Better from you...

[Fatherforever]

So went to the social security office to sort out the children's disability money.

- First off, apparently their mother knew they were eligible for benefits since April 2009, but wouldn't give them the information for the custodial parent.

- Second, the money they will receive will not be seen until February 2010.

- Lastly, the total amount for the children is $88 a month... $44 per child. That isn't even enough for 2 weeks of food for them, let alone any substantial support.

I was under the impression that social security disability towards the children of the disabled parent is usually around 50% of what the parent is getting for their disability, and I know it maxes out. But $88 a month?

I am afraid if I go to court to get the child support modified to the point where she is actually paying money, they will have us redo the the child support worksheets. And since she gets less than $1000 a month, that would put her child support at $25 per child, per Washington State Child support law.

After all that, this is quite depressing...

~Fatherforever

[ocean]

Will they back date it?
Yeah, January payments come out Friday so you missed January....
She most of never had a job long and never made a lot of money to only get that amount.
I receive A LOT more than that....If she is getting $1000...you should be able to collect $500....Does she have other children who are collecting and a new spouse that is collecting? You maybe splitting it with other people....

[Fatherforever]

 

Will they back date it?
Yeah, January payments come out Friday so you missed January....
She most of never had a job long and never made a lot of money to only get that amount.
I receive A LOT more than that....If she is getting $1000...you should be able to collect $500....Does she have other children who are collecting and a new spouse that is collecting? You maybe splitting it with other people....

Yes, they can back date it, which will be about a $365 check per child.

We know for a fact she is getting at least $700 from disability. And she has no other children, nor spouse.

[ocean]

I would call the number and have them explain it to you (someone else....). Something is not right... Now that you are in the system for the kids they will be able to talk to you more about it on the phone.
Either she is not getting that much...(not sure but do they limit it if she gets other social services??)  or the lady made a mistake....If she makes $700 then you should be getting for BOTH kids around $300-$350... Ill look it up later, I have to go to work...You can try on the SSDI website. There is a government one and others that I am sure can get you the facts so when you call you can say but it states this percentage.

Also, I am able to claim to on ex account but have a job so they say I make too much money. My "share" does not get disbursed.

[Fatherforever]

Called social security today, they explained that since my Ex wife has not put that much into social security for her work history (ie, doesn't hold down a job, part time jobs, etc.) that is the calculated amount for the children.

So yet another way for my ex wife to screw me over and provide no help with the children.

Now what? Try for child support? She needs to pay her part and looking at going to court will be more money out of my pocket and she's still not helping out with the children.

~Fatherforever

[ocean]

You can try going to court without lawyer...doesnt cost money here to file (some states charge fee).

She must be only getting a few hundred dollars then...and maybe getting other aid too so she doesnt get a lot.

Did they tell you if she qualified as perm disabled or are they rechecking her disease?

[Wisconsin Mom]

Well, you cannot get blood from a turnip.

The SSI is minimal...but it is "something" and more than what some custodial parents get (and it sounds like it will still chap her a$$ that the SSI is going your way for the kids).

Don't most states offer an automatic review of CS every 2-3 years?  Can you file a CS review when you file for contempt on the daycare expenses?  Can your local CS department offer any guidance?

You may have to suck it up and pay the kids way on your own for now, but I'd still investigate getting your EX accountable.  Yeah, it may take her 5-10 years to be in a place where she can pay..but life does go on and things change.... but the arrears won't go away.  Maybe she'll remarry and they'll want to go abroad on a honeymoon but she won't be able to get a passport until arrears are paid.

[Fatherforever]

 

Well, you cannot get blood from a turnip.

The SSI is minimal...but it is "something" and more than what some custodial parents get (and it sounds like it will still chap her a$$ that the SSI is going your way for the kids).

Don't most states offer an automatic review of CS every 2-3 years?  Can you file a CS review when you file for contempt on the daycare expenses?  Can your local CS department offer any guidance?

You may have to suck it up and pay the kids way on your own for now, but I'd still investigate getting your EX accountable.  Yeah, it may take her 5-10 years to be in a place where she can pay..but life does go on and things change.... but the arrears won't go away.  Maybe she'll remarry and they'll want to go abroad on a honeymoon but she won't be able to get a passport until arrears are paid.

Yes, I understand she is supposedly not receiving much from SSI. Paying her way for the children for a while isn't really an option... I'm in debt as it is and she is accountable for her share as well. She has no bills, lives with her dad who pretty much pays for everything. The only thing she needs to spend her money on is gas money, so I really don't feel any sympathy for her situation.

I haven't researched much about the child support review. It's only been about a year and a half since the original ones were signed. And considering we aren't setup for CS because she isn't ordered to pay anything atm, I don't know how much good it would do. I would hate to get a CS review with her in her current status, and then have her turn around and get a job and only have to pay the $25 per child per month minimum. I wish I would have been more proactive before all this disability, because she has NEVER helped contribute to anything and only now after everything that has happened, do I have enough evidence and support to proceed.

As far as her possibly remarrying and going abroad on her honeymoon... her current boyfriend works at Denny's, she would be lucky to be able to get out of the state.  :-)

~Fatherforever

[snowrose]

How is the cancer "disabling"?  Is your ex actually capable of working a normal job?  If she is, when you go for child support you can request that the court impute a salary to her - even minimum wage at a 40 hour work week, if necessary.

You may poo-poo that $44 a week that you're getting for you children, but over here we just got $38 per week via the gov't and we're actually quite happy to have it!  (We're still paying off loans for the custody lawyer and the ex's $15,000 credit card.)

[Fatherforever]

You can trygoing to court without lawyer...doesnt cost money here to file (somestates charge fee).

She must be only getting a few hundreddollars then...and maybe getting other aid too so she doesnt get alot.

Did they tell you if she qualified as perm disabled orare they rechecking her disease?

I was able totalk to a social security representative, they explained because ofher lack of work history, the children receive less than normal. Theycould not tell me how much she gets, but she has told me beforeduring a rant that she gets $600 a month to pay bills. She alsomentioned all she gets is social security, but I don't know if thatmeans she's getting other social security money besidesdisability.

I don't know if she qualified as permanentlydisabled, she had cancer... now she's in remission. Does anyone knowif cancer constitutes a permanent disability? I would expect theywould be rechecking her disease, considering she needs doctors notesto qualify her for disability, she has to return to work sometime.But I guess if she wants to sit on disability all her life and neverstrive for more, that's her problem. :-)

How is the cancer "disabling"?  Is your ex actually capable of working a normal job?  If she is, when you go for child support you can request that the court impute a salary to her - even minimum wage at a 40 hour work week, if necessary.

You may poo-poo that $44 a week that you're getting for you children, but over here we just got $38 per week via the gov't and we're actually quite happy to have it!  (We're still paying off loans for the custody lawyer and the ex's $15,000 credit card.)

Well, she had a cancerous tumor in her foot, she went through radiation and chemotherapy which ended in September 2009, she's in remission. I don't know what still is keeping her from getting a job, I think she will sit on disability until social security kicks her off.


It's $44 per month, not per week. I'm not saying it doesn't help, but considering my financial state... $44 does very little but pay for a bit of interest on my Ex's credit card debt which she left me.


I would be eager to know what still constitutes her condition as disabling. And yes her income is imputed in our child support worksheets, because at the time she was "voluntarily underemployed". It was calculated for her to be paying $445 a month in CS, but at the time of our divorce she was given a residential credit because she was going to be spending "significant overnights" with the children. That didn't happen, of course. She saw them about 4 days a month if that and they rarely spent the night.



If I went to court to get the CS worksheets modified so she would be paying the original $445/month, I fear they will recalculate under her current "disabled" condition. At the beginning of 2010, I intend to get some legal advice on how best to handle this situation.





~Fatherforever

[ocean]

Ok..so she is getting the $600 as supplement through social services and disability took that money away from her so you are left with very little. I would call once a month and make sure she is still getting the DSS money because once that stops then she should be getting the full amount. You cant be on social service forever anymore.

The disability is approved for a certain amount of time and then she needs to prove she still needs it OR it is perm. Depends on the type of cancer and stage ...some of approved perm right away.

What is the current support payment supposed to be right now- what is court ordered? If it is more than the $44 a month then let her go into arrears. That SSDI money you get is not coming off the arrears, that does not count so let that number go up. Do you have the support with the state? They can take the money (at the very least the arrears amount) from her diability check. You would not be asking for a higher amount, just enforce what it there. 

[MissDesire]

POSTING FOR FATHERFOREVER...

Hi ocean,

The child support worksheets in the divorce decree imputed FF's ex wife's income at $1952, because she was working part time and therefore "voluntarily underemployed". The amount of child support she would have to pay with the standard calculation is $445.

The following is taken out of the Order of Child Support section of the divorce decree. It states:

Reasons for Deviation From Standard Calculation

"The child support amount ordered in paragraph 3.5 deviates from the standard calculation for the following reasons:

The children spend(s) a significant amount of time with the parent who is obligated to make a transfer payment. The deviation does not result in insufficient funds in the receiving parent's household to meet the basic needs of the children. The children does not receive public assistance;

The factual basis for these reasons is as follows:

Based upon the parties' income as calculated in the worksheets, the transfer payment would be $445 per month based upon a traditional parenting plan where the mother did not have significant overnights. The mother has significant overnights with the children. Based upon using a residential credit the transfer payment comes out to be a $10 credit per month to the mother. As a result, there is a zero transfer payment. However, each party will still pay their proportionate share of daycare expenses for the children provided below."

[ocean]

ok....child support is out then...and really she is not getting much to go after...maybe $300 if that since she is getting other help so that is a wash....BUT
file for CONTEMPT of Court in family court. Reason "according to divorce docket # xxxx, page xx, it states daycare will be shared between parties. Mother has refused to pay her share to daycare or reimburse me. Currently she is $xxx in arrears.  Attached is the receipts (give COPIES only).  Father requests money to be taken from mothers checks until the arrears are paid".
It is free to do (or small fee) and worth the shot to at least get that back.....then once she is off disability go for child support.

[MissDesire]

Thanks ocean,

I am currently reading through the motion of contempt paperwork for Washington state. I am a little confused. There is a section where you write in what is owed through the motion and also a place to add interest. Does the court fill that out or do you figure out the interest on the amount owed? Just a bit confusing.

Here is a link to the forms, it's the top one.

www.courts.wa.gov/forms/?fa=forms.contribute&formID=9


Lol, I don't even know where to start on some of the other forms. I understand the declarations and the sealed financial documents one, but then they have contempt motion judgements on the bottom. Any help is greatly appreciated and will be a surprise for Fatherforever!


Thanks!

[ocean]

I am in NY so a little different. I would just leave the interest spot blank. Those forms are what the judge will sign off on. Here we just fill out a one page thing and the clerk types it for you and hands it in. Have him take it to family court to make sure it is all filled in. Once you get a court date then you will serve her. You can do it since you are not a party to this and it is free! lol. Just hand her the papers in an envelope and leave.

[MissDesire]

Lol, everything seems easier in NY!

Well Fatherforever (FF) and I talked to his ex wife last night (he put her on speaker phone so I could truly get a taste of what she's like). She was asking how much child care was and how much she owed. He explained to her that it's all written out in the divorce decree etc. She said she could pay $50 a month and that the 35.2% of the child care was too much. She is already about $1200 in the hole, but he explained that he would mail her all the receipts. She is trying to get on FF's good side because she wants to claim one of the children on taxes and she can't do that unless she is current on her child care.

I guess my question now is... Are there any loop holes to filing this contempt motion against her? Could the judge dismiss it based on her current financial situation? FF has tried again and again through the months to get her to pay and nothing has become of it. She has the money if she would pay on time, it's about $50 a week for her share for the children to be in day care. I have documented every interaction FF has had with her about helping with payments, but it still makes me uneasy. Could they redo the worksheets at the contempt motion since her financial state has changed?

When he talked to her last night and she was complaining about her lack of money, he said that she should get a job. She screamed back at him that because of the tumor that was in her foot, she couldn't stand for more than an hour, but we have more than enough photographic evidence and witnesses to argue otherwise. She's out at clubs, dancing and drinking, but she says she can't get a job because she can't stand. This is all so frustrating.

[ocean]

They should NOT redo anything at a contempt hearing and if the judge leans in that direction, have your DH say that we are not here for that and if this is going go in that direction he wants a lawyer. She CAN once you serve her, ask for a MODIFICATION and then it will be discussed, but contempt is just asking the judge to enforce the order. Even if she starts paying the daycare now.,..shows she CAN afford it...so that is good BUT she still owes the past amount and since you know she is receiving money that should be garnished. (Family court depends in the judge...not even the county or state...how the judge feels that day....)

Have you considered calling or sending in evidence to SSDI that she is no longer disabled? I am sure they would be interested in knowing she can do all that but cant sit at a desk and work!

[MissDesire]

She offered to pay $50 a month and she owes around $50 a week so in her little version of the world 25% is a "good" effort to try and be able to claim one of the children. But I actually looked up on irs.gov and she doesn't even have them enough overnights in the year to qualify for the child tax credit anyway!I guess if she is smart enough to get a lawyer and go for modificationthat is up to her, but basically that would mean that poorFatherforever would have to legally pay even more than he already hasbeen.

I wouldn't know the first thing to do to put in evidence of her "healthy, workable" state. Do they have an actually agency that deals with disability evidence. Bascially she can keep going to her doctor whenever she has to have a reevaluation and say that it still hurt so much to stand and walk and they sign away another few months of disability for her. /sigh

[ocean]

No way for the tax credit...She doesnt pay support!! and she is not up to date at all with the child care.... Use her niceness for the next few weeks and get some of the money back. The way I see it, he is paying 100% now of child care and trying to get back something so he cant loose in court. If he comes out of there with anything he wins... The evidence will be emails, texts, and certified letters to her with the copies of receipts for the daycare costs. Tell her is xx a week for her share. She can pay them directly or to you, her choice. If she asks about the taxes...you are not up to date with the daycare costs, until you are up to date the answer is no. I have been paying 100% of childs care and entitled to the tax break.  (By the way, If the orders dont give her the tax break she does not get it....even if she is up to date...only if HIS orders something about it...).

File his taxes early...first one in with childs social security number gets the refund or it will take months to try and win that battle....she just wants money and claiming child will get her hudreds or even thousands of dollars in refund money. Dont fall into the trap that she will give you money AFTER the refund...no way...he has been the only parent so he gets to claim child.

[Kitty C.]

I agree with ocean 100%......BT, DT.

File your taxes IMMEDIATELY upon receipt of all forms you need.  We've been using Turbo Tax for the past 8-10 years and it's been great and fast.  DH can claim SS every year as long as he's current on CS as of Dec. 31.  The ONE year BM claimed he was behind was also the year the CS order got moved from the county to CSRU (Child Support Recover Unit) and they started garnishing his wages......so there's NO way he would have been behind.  The only reason she thought he was behind is because CSRU didn't get payment to her until after 1/1, even though they got it from DH's employer on time.

So we filed first and claimed SS (as usual), but she was adamant that she could claim SS.  It wasn't until past the 4/15 tax deadline that she finally accepted a notarized letter from CSRU stating DH was current as of 12/31.........and by then we were sure she'd filed and claimed SS, too.  Sure enough, come the next Christmas, we got a letter from the IRS stating SS's SSN had been used on more than one return, but if we filed correctly, to ignore the letter....which we did!

But after talking to an actual human with the IRS, their quote to me was: 'He who filed first, gets.'  They said that any subsequent returns with duplicate SSN's listed would be audited and held up indefinitely.

We never did find out what happened to BM on that one..........all I know is that she's NEVER tried it again!

[Fatherforever]

This topic is getting more and more in depth. I have told my Ex in the past that she will not be able to claim on taxes, but I fear she will try and file for one of them anyways. I am looking forward to paying off some of her debt she left me with the tax refund, along with finally paying off my lawyer from our divorce, and getting some money setup for some savings accounts for the children. I know for a fact if she gets the child tax credit I will not see a cent. I don't know how good the government is at issuing her end of the year earnings to her, I know the company I work for takes their sweet time with the W-4s. If she happens to file for the child tax credit and it says in our decree that she has to be current on her child care, can I hold her in contempt for that as well?

She will try everything possible to get as much money as she can (except the logical one... getting a job). What were you talking about ocean, about submitting evidence of a non-disability to SSDI? Can that be done? If it can, I most certainly want to pursue it. I am done with her playing the "cancer" card and refusing to help out with anything.

I will most definitely get my taxes out ASAP, I just hope I get my W-4 ASAP!

Thanks for the help everyone, as always.

[Kitty C.]

It's 'W-2' and by federal law your employer has to give it to you by Jan. 30.  There have been years where we got our W-2's on Jan. 30, I've got our taxes filed by no later than Feb. 2, and we've received our refund within 10-12 days.

If you file first, you will get it all.  Even if she does file and claim the child tax credit, her return will stop cold if yours has already been processed.  So you need/must file it electronically.  You can do it on line with Turbo Tax and it's incredibly easy.   They walk you through the entire return and asks questions depending on the answers you give.  I know that there have been times we've gotten a larger refund then we would have received without Turbo Tax, simply because of the questions they ask throughout the process.

Let me ask this:  do you think she actually has the wherewithall to file online or electronically (and has the funds to do it) or even realizes how imperative to her immediate filing would be?  I may not know her, but I'd venture on the side of probably not.  Which is your edge to getting your return in first.  Just make sure you have all your paperwork ready to go when you get your W-2, so that you can file immediately.

Then even if she does file and tries to claim the child tax credit, her return will stop cold.  And, unless she outright tells you, you probably won't know if she did until you get a letter from the IRS stating your kids' SSN's were used on 2 different returns.  It will state that if you filed your return correctly, then you can ignore the letter.  But if you filed in error, then they will ask you to fill out the form that will be included with the letter.  Remember that she will get the same letter and form and it will be up to her to respond appropriately.

[Fatherforever]

I have heard that H&R Block doesn't even need your W-2 for you to file taxes, that they can look it up from your last pay stub, is that true? I know that you can get your return almost immediately through them. They are attached to a bank and basically give you a loan until your tax check goes through. If I don't need my W-2 for the tax return I will be filing the second I can, Happy New Year tax season!

[tigger]

Probably true but they will also charge you an arm and a leg for that loan too.  Usually if you file electronically before a Wednesday, your refund is deposited into your account two (or three) Fridays afterward.  Makes the loan seem silly.  And definitely NOT fiscally wise.

[Kitty C.]

I agree with tigger...........H&R Block charge exhorbitant fees and will take more of your refund.  With Turbo Tax, 104EZ and simple returns are FREE to file and there is an additional electronic fee for direct deposit (quicker by far then having it go through the mail), the Deluxe edition (for deductions) is only $29.95.  You don't pay them anything if you're getting a refund big enough to cover the fees, they just deduct it from your refund.  Our history has been that once we've submitted our return electronically, we've had our refund in the bank within 2 weeks, sometimes less depending.

[Fatherforever]

Thank you everyone,

I am really anxious about getting my taxes in, because of what she might do. I've setup Turbo tax with all my personal information, so once I get my refund I can get it taken care of ASAP. My Ex hasn't mentioned anything more to me about the taxes, but that isn't always a positive sign. I can't trust her not to file for one of them anyways.

Looking to file the contempt motion end of January when I get my tax return. I really want a lawyer to write up the papers and possibly even be there in court, because I don't want there to be any loop holes and I have a feeling she will hire a lawyer for sure. And if it does go that route I can always ask the judge to add lawyer fees onto her bill, since she's the reason I have to head to court in the first place, believe me I would love it if she would just pay her share.

Ocean, what were you saying about submitting evidence of disability fraud? If you have anymore information about it, I would love to hear it. I hope 2010 goes smoother than 2009 and maybe my ex will get a nice wakeup call and realize again that she's a parent and has responsibilities.

Thank you!

~Fatherforever

[ocean]

Here is the link to report fraud or have them investigate.  https://www.socialsecurity.gov/oig/public_fraud_reporting/form.htm

I agree with the others ...file electronically. We do it too, faster , federal is usually free to file.

[JackieO]

A few things to chime in, some have already been addressed.
You do get the disability check for the kids.  BM is required to give that info to the office, but if she didn't, they won't do anything.  The BM I deal with didn't notify disability when she lost custody of SS, and they didn't make her pay back any of the money or anything.  They just changed it when DH notified them and brought them the copy of the court order. 

You can get CS on top of disability, but only if she makes enough.  Yours clearly won't.

The modification goes from the date filed, forward.  It doesn't affect any previous orders.  We learned this the hard way years back (BM wanted to start doing things outside the court, we agreed, then she took us back to court saying we didn't follow the order- cost us over $11k).  Basically, BM is responsible for what the courts say she is responsible.  That will not change until she files for a modification and the modification only applies to the date filed forward. 

[Fatherforever]

Thank you for the link, Ocean. I filed last night, we'll see what happens. I really just hope she gets her act together on her own and find a job.

A few things to chime in, some have already been addressed.
You do get the disability check for the kids.  BM is required to give that info to the office, but if she didn't, they won't do anything.  The BM I deal with didn't notify disability when she lost custody of SS, and they didn't make her pay back any of the money or anything.  They just changed it when DH notified them and brought them the copy of the court order. 

You can get CS on top of disability, but only if she makes enough.  Yours clearly won't.

The modification goes from the date filed, forward.  It doesn't affect any previous orders.  We learned this the hard way years back (BM wanted to start doing things outside the court, we agreed, then she took us back to court saying we didn't follow the order- cost us over $11k).  Basically, BM is responsible for what the courts say she is responsible.  That will not change until she files for a modification and the modification only applies to the date filed forward. 

When I talked to the social security representative, she said that I could put a savings account together for my children and so long as I have direct deposit into that account, I don't have to file any paperwork at the end of each year as to what that money is being used for. I will see not a cent of that money, it's going to their future. I haven't told my ex about collecting money from her social security, I am sure they will notify her soon enough, but I better inform her before she gets notification and starts freaking out.

It does comfort me that the modification is only from the date of modifying onwards, I mean I KNOW she owes, but I don't know what a court will do as far as deducting money when it really comes down to it. Can they deduct straight from SS? I know if she had a job, they would just as easily garnish her wages. We shall she what happens on that factor.

Getting the paperwork ready to file for contempt, I am really considering having a lawyer go through it all with me, not only that, but standing up in front of court is terrible! I can't imagine what it will be like for her being found in contempt, it makes my stomach churn just thinking about it. I have to decide if it is worth spending some money on representation or not. We shall see.

As far as filing taxes, I will be on pins and needles until I get confirmation that the IRS received the claim with no hold ups, and I get the check in my account. Until then... I am still waiting to receive my W-2s!

Thanks again,
~Fatherforever

[ocean]

Dont worry about filling out the form at the end of the year. Very simple. Checks get direct deposit into my account each month and I file the FULL amount as raising them for the year. It is very easy form. She wont get notification I dont think from SSDI. If she called up for something else they may say that there is other people claiming on hers but her amount does not change.

They deduct right from my ex SSDI for arrears so they can def do that. Ask for that in the motion -to be deducted from her check to the child support agency. Have them open an accout.

If you have your last paycheck you can start to put the info into turbo tax. If you have last years W2 and work at the same place , you will have their ID numbers to put in. Im sure you will be fine.

[Fatherforever]

I talked to my ex wife today... she is going to try and file for our youngest son! I told her again and again what the divorce decree says, but she is still going to try and do it!

I received my W-2 today, which I am extremely relieved about, but I realized that I was unemployed for a month and now need a W-2 for my unemployment as well. Does anyone know anyway I can access that information on the internet? Please help, I am desperate, I figured if I talked to her she would be reasonable but she is still going to try!

Thanks in advance,
~Fatherforever

[ocean]

Did you save the last check from them? You can just use that for now....if you need ID numbers, call them and see if they will give it to you over the phone. Turbo tax wont even let you e file until this week I think so she cant get it before. You have your plan and will be fine. Unemployment has to be given to you by the 31st...then file that night on-line.