SS w/out CS = A Wash?

[tuffbrk]

What is the name of your state? NJ

Bckgrnd: Divorce still pending - He was no-show at Early Settlement on 9-4, re-scheduled to 9-18. Parenting Plan signed into an order - me as Primary Residential Parent, he has visitation. He claims to be too ill to work.

Presumably my future hinges on whether he can prove he is too ill to work. To date, he has not been classified as disabled by VA or Social Security. So - if he proves he is too ill to work - I won't receive any CS but would still be ordered to pay SS? Or would it be a "wash?"

 

[nextwife]

CS is to support the children.

SS is to help support the adult.

What is the nature of his illness? Is it degenerative? Would it give an employer pause about hiring him?

 

[tuffbrk]

Liver disease. Yes it is degenerative.

He owns his own companies - service and sales of industrial equipment. Certainly I wouldn't expect him to do service any longer, however the larger chunk of income came fr the sales of the equipment.

I'm btwn a rock & a hard place becuz he didn't maintain books or file taxes so it's hard to show his income. (He's had numerous issues w/state over the years but Fed just seems to send correspondence.) He has failed to produce bank statements despite our requests.

He has also not provided medical statement from his dr. advising status of his condition and prognosis, despite having been ordered by the court to provide it by 7/10 and my attny's repeated follow up.

 

[tuffbrk]

What I am struggling with: He stopped contributing to the household, and as a result, our sons and I have had to adjust to a decrease in the standard of living. Now that he's been diagnosed with Liver disease and is actively attempting to get himself labeled as disabled (BTW, he's not eligible for SSD so I'm not sure what purpose it serves other than to be labeled). If he does get labeled or if he's able to satisfy NJ's definition of proof of illness that is a component of alimony, I could then actually have to pay alimony, in addition to not receiving any child support - thereby further reducing the standard of living for my sons and me?

When I filed, he had not been ill or diagnosed, part of the reason for the divorce was because he refused to obtain employment when he started to slow down his businesses - and then I may have to pay becaue his choices led him to not work on the books?

He was the Primary breadwinner until the year that I filed - then just stopped contributing. But-it's a long term marriage and now there's his illness....does that make everything else no longer part of the equation?

I guess I just don't understand whether the courts have any obligation to safeguard my ability to support my children as he is refusing to do so - obviously my ability to do so will be further affected by my having to potentially pay alimony on top of assuming all of the bills and costs of our sons. Been struggling to try to find case law as my attn'y advised me yesterday that he is not certain if there's case law and isn't sure how the courts treat someone like my STBX...

 

[Bali Hai]

What I am struggling with: He stopped contributing to the household, and as a result, our sons and I have had to adjust to a decrease in the standard of living. Now that he's been diagnosed with Liver disease and is actively attempting to get himself labeled as disabled (BTW, he's not eligible for SSD so I'm not sure what purpose it serves other than to be labeled). If he does get labeled or if he's able to satisfy NJ's definition of proof of illness that is a component of alimony, I could then actually have to pay alimony, in addition to not receiving any child support - thereby further reducing the standard of living for my sons and me?

When I filed, he had not been ill or diagnosed, part of the reason for the divorce was because he refused to obtain employment when he started to slow down his businesses - and then I may have to pay becaue his choices led him to not work on the books?

He was the Primary breadwinner until the year that I filed - then just stopped contributing. But-it's a long term marriage and now there's his illness....does that make everything else no longer part of the equation?

I guess I just don't understand whether the courts have any obligation to safeguard my ability to support my children as he is refusing to do so - obviously my ability to do so will be further affected by my having to potentially pay alimony on top of assuming all of the bills and costs of our sons. Been struggling to try to find case law as my attn'y advised me yesterday that he is not certain if there's case law and isn't sure how the courts treat someone like my STBX...

Sorry but, he is going to milk you if he can get away with it. As long as the court says he can do that, IT IS LEGAL!!

 

[tuffbrk]

I guess so. He actually went for a transplant last night. This just keeps getting better and better. Hopefully it goes well so my kids have a Dad in their lives.

Just wish that I could find case law on the topic!!

 

[tuffbrk]

I just saw another post and if I'm understanding - if I pay alimony, it's considered his income and then he'll have to pay me "back" towards child support based on how much "income" he was awarded from MY paycheck according to CS calculator guidelines? Hopefully, it's OK that I ask this here as opposed to in the CS section?

 

[CJane]

I just saw another post and if I'm understanding - if I pay alimony, it's considered his income and then he'll have to pay me "back" towards child support based on how much "income" he was awarded from MY paycheck according to CS calculator guidelines? Hopefully, it's OK that I ask this here as opposed to in the CS section?

Alimony IS taxable income for the payee and a tax deductable expense for the payOR. And yes, it could affect CS. In fact, it very well could be considered a wash.

If he actually went for a transplant and not a transplant screening, he'll be considered disabled enough to get SSD, I'd imagine.

 

[tuffbrk]

Nah - he was self employed for years. Not enough weeks credits (you need 26 from what I understand) to qualify. So nothing from that avenue is forthcoming...

 

[nextwife]

Being self employed does NOT exclude one from receiving SS disability. My dad was self employed and received SS disability.

Being self employed and NOT paying SS is what would exclude one from getting SS disability., or not having paid in long enough.

 

[tuffbrk]

He didn't pay into SS for the majority of his life. Did pay some as a PT worker about 3 years ago. Prior to that - I believe it was in the early to mid-80's that he had an employer. Most people go back to work within 6-12 mos - maybe I can get limited duration alimony with him having been the primary BrWinner for most of the marriage.

Just annoys me that I'll have to pay for his choices - the disagreements over which were what brought about the divorce -and when I think about having to adjust to another decrease in my disposable income after having just recently adjusted to paying for an entire household - knowing I'll be able to afford even less in the future- adjusting down my kids' and my standard of living - it's easy to see that I may be the future female version of Bali!!

 

[Bali Hai]

He didn't pay into SS for the majority of his life. Did pay some as a PT worker about 3 years ago. Prior to that - I believe it was in the early to mid-80's that he had an employer. Most people go back to work within 6-12 mos - maybe I can get limited duration alimony with him having been the primary BrWinner for most of the marriage.

What will they think of next?? He was the primary breadwinner for most of the marriage and now that he is sick, he doesn't deserve alimony because of that??

Just annoys me that I'll have to pay for his choices -

Welcome to the alimony payors club.

the disagreements over which were what brought about the divorce -and when I think about having to adjust to another decrease in my disposable income after having just recently adjusted to paying for an entire household - knowing I'll be able to afford even less in the future- adjusting down my kids' and my standard of living - it's easy to see that I may be the future female version of Bali!!:mad:

And if you are, you'll be a better person for it.

 

[nextwife]

Were you and he filing jointly? How long were you married? How did he NOT pay SS on his income? Did YOU sign these tax returns?

 

[tuffbrk]

Sorry for the delay in response - he wound up getting the call for a transplant this w/e. It's done, so far, successful.

I filed as married, filing separately as he did not have P & L's (S Corp) to show income/loss needed to file jointly. Married 20 years in August 2007. I filed for divorce in 03/05 (turned out to be the first year that I earned more than him as once I filed, he stopped billing in Co name and billed in his own & refused to contribute to household) , withdrew in 02/06 to allow him to stay on insurance to get prescripts for HepB/C, then re-filed 12/06 as prescripts therapy (interferon/ribavirin) would be finished in 2/07...