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Their rules are that although my uncle elected his wife to receive survivor benefits and paid for them, it is void since the court order did not mention it.

it would take a court order to fix it.

this is what legal aid also told my uncle.

i have obtained a POA regarding legal, retirement, survivor benefits. I can seek legal advice, or hire an attorney on his behalf. So, I may need to make an appointment with an attorney to have this filed.

Specifically the Mandatory Disclosure form states that I am to supply (with regards to taxes specifically):

"All personal (1040) federal and state income tax returns, gift tax returns, and intangible personal property tax returns for the preceding 3 years"

My question is.. how much of this must be included?

Can I just send my "client copy" of my 1040 Tax Return?

or Am I required to send supplemental Schedules and Forms (i.e. itemized deductions, interest & dividends, dependent care expenses for other children, my educational credits)

Yes. A court order would fix the situation.

My question is in the wording of the modification.

In filing a Joint/Agreed modification, would I still have to meet the substantial change rule?

I am having difficulty wording my substantial changes.

To clarify (now that I have more info)... Dad retired in 1981, and elected retirement allotment and survivor benefits for his wife. They were divorced in 1985. Both parties had intended for the SB be in the divorce judgement, but somehow it was missed.

Dad was overseas some 20 years post divorce. All the while, he continued to pay on the SB election he had made for his former wife. It was not until the end of last year, when he wanted to increase her allotment, that he was informed that she was no longer a beneficiary of his survivor benefits. He has continued to pay because he hopes for this modification to correct the issue.

This question is for my Uncle. It has always been agreed that I would assume care for DD, if something happens to him.

I cannot help but feel we are on borrowed time. BF's cancer is in remission approx 3 years post-lung-lobectomy.

I would like to ensure guardianship of DD and survivor benefits for the child still in Micronesia.

Everything you are saying makes sense. It is a complicated issue.

After BM left, it took a very long time to correct and obtain the first child's birth certificate from the Micronesian government. This was just to get her a social security card and benefits.

It seems that BM may have done the same with the second child, and did not place BF name on the child's birth certificate. So, not only does this complicate divorce, but also survivor benefits.

Ocean -- this post needs to be considered together with the other post.

In regards to which other issue? I thought separating the issues that need to be addressed would help. Guardianship is the most time-sensitive matter.

Emergency hearing may help.

The school is adamant that I cannot register her for school here (in florida), only father... And that he cannot register for school here without proof of residency.

so, for the temporary custody hearing.... do I file where father lives and child currently resides? or do i file for temporary custody in florida, where I live and child to attend school?

The child does not live with me yet. School is about to start and we would like her to start school here in Florida. However, the school will not allow me to register her without Guardianship.

BF and BM are still married. We have no address, no contact information what so ever for mother.
she calls in the middle of the night when she needs money, usually from a friend's or relative's house. These people are transient and located on an island living in poverty. She does not speak much english and is very unreliable.

I would like to gain Temporary Guardianship to register her in school, with BF consent.

uh oh!  The forms I am looking at ask about the child's mother.

We have no address for BM and no way to contact her or get her consent.

BF and BM are still legally married. BM is in Micronesia somewhere.

BF has poor health. I would like to gain temporary guardianship, with BF consent.

Will the situation with BM pose an issue with obtaining guardianship?

Thank you!