| LoveLost |
| (recently joined) |
| 02/16/09 12:17 PM |
SS and Disability
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Never really thought I'd be here despite some rough times in our 23 year marriage. Sounds silly as I typed it, as I guess none of ever think we will be here, on a divorce site.
Neither has filed yet but I wouldn't be surprised if he did or if things continue the way they have been, that I do.
First, I feel it is important to say that I love my husband but as he once said himself, he doesn't know what love is. I have been through thick and thin with him but his recent disrespect of me has made me see that he resents me and I don't think there is much hope for us as I don't think he loves me anymore. I need to know now what to expect as far as spousal support if we indeed have to end it. Here are some details- not sure how much is relevant, but any input as to how spousal support might work in our situation.
Married 24 years. No children. He makes about 80K per year. Felony conviction 11 years ago. I have always worked until 3 1/2 years ago when I became disabled and my life turned upside down. I do NOT draw SS Disability but am in the middle of the long drawn out process with an attorney in our state- IN. They have a 3 year back log and have no idea when a decision will be reached on that. Both of my doctors and medical evidence states I am unable to work, which I am- most days pain controls my life. The problem seems to be that it (SSD) is harder to get when you are under 50 or 55. Spouse has had a drug problem off and on throughout marriage. Has gone to counseling/ program for that but it is still an issue and has lack of anger control. Has a felony conviction dating back 11 years. We have considerable debt due to major medical bills not covered by insurance. Had about 40K equity in our home but who knows now with the economy and homes depreciating. He has GED and I have a few semesters of college, no degree. Last job I had taken before my disease was to be able to work days and go to school at nights. Now, have problems w/ mobility and pain and can barely get through the day at times. Have tried to remain upbeat through becoming disabled but the last couple of years the problems in our relationship have made that nearly impossible. Does everyone cry when typing out that their marriage they thought would last through good and bad just blows up and they are reduced to a divorce website?? I have stood by him through the years- embarrassing trial, the drug use, etc. but if he can't stand by me through something I had no control over and still treat me with respect, well I feel I deserve alimony. There's no way I could live/ support myself with no ability to work and not drawing SSD. Even with the SSD, if I win my case, it would be just under $800 per month. I don't want to hurt the man, but, I still feel sick when I say this, maybe we would both be better off not being married. I truly do want us both to be happy and if that is apart, then it has to be. What do you think the laws of our state say about alimony (amounts, time period) when all the factors I have mentioned are involved? Any other input about divorces, if anything sticks out to you, would be appreciated. Also, do some states call it spousal support and some call it alimony, or is the later just an old fashioned name for it? Thanks for reading.
| googledad |
| (Carpal \'Tunnel) |
| 02/16/09 01:40 PM |
Re: SS and Disability
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Usually rehabilitative maintenance is awarded in IN for a term not to exceed 36 months , allowances are made for a spouse who is physically or mentally incapacitated to the extent that they are unable to support themselves , permanent maintenance seems in order .
| apples |
| (journeyman) |
| 02/17/09 10:06 AM |
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Re: SS and Disability
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In regards to your SSD, my mother went through the same thing, different medical problems I'm sure, but had a long wait to get approved. One thing her lawyer told her was to not give up because it takes so long. He felt that was a tactic SSD used in order to weed out having to pay some people. SHe also got in touch with one of her state senators who stepped in to help. After talking with the senators office she had a date set to be in front of the admistrative law judge the next month. You may try that yourself. Also, if/when you are approved for SSD they will usually back pay you to the date you first became disabled. That would be a hefty amount of money being sent to you. Be sure to use it wisely. Good luck and hang in there.
| javajunkiee |
| (Carpal \'Tunnel) |
| 02/17/09 08:11 PM |
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Re: SS and Disability
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My mother made 3 attempts at SSD and was approved, after involving an attorney, at 52yo. Her dx was MS and it still took that long. Take heart, if you have the appropriate documentation you'll get it eventually.
As for the alimony, the fact your SSD is not approved yet will factor in. Whether it will help you, or hurt you, I couldn't say. Consult with an attorney or two to find out your options and as much info as possible about the family courts in your area.
| finz |
| (Carpal \'Tunnel) |
| 02/17/09 08:24 PM |
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Re: SS and Disability
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The back check from SSDI is nifty when it comes in, but be prepared for the stbx to get half of it because it is marital property.
A consult with a divorce lawyer could give you some idea of how much alimony you could get and for how long. I have heard that you would be a candidate for permanent support because you became disabled during the marriage. It could be problematic if you awarded alimony and he just refuses to pay it. You could also get stuck going without health insurance if you divorce before the SSDI comes through.
I hope that SSDI will come through for you soon. The process took about 3 years for me
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/18/09 05:15 PM |
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Re: SS and Disability
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[quote]Never really thought I'd be here despite some rough times in our 23 year marriage. Sounds silly as I typed it, as I guess none of ever think we will be here, on a divorce site.
Neither has filed yet but I wouldn't be surprised if he did or if things continue the way they have been, that I do.
First, I feel it is important to say that I love my husband but as he once said himself, he doesn't know what love is. I have been through thick and thin with him but his recent disrespect of me has made me see that he resents me and I don't think there is much hope for us as I don't think he loves me anymore. I need to know now what to expect as far as spousal support if we indeed have to end it. Here are some details- not sure how much is relevant, but any input as to how spousal support might work in our situation.
Married 24 years. No children. He makes about 80K per year. Felony conviction 11 years ago. I have always worked until 3 1/2 years ago when I became disabled and my life turned upside down. I do NOT draw SS Disability but am in the middle of the long drawn out process with an attorney in our state- IN. They have a 3 year back log and have no idea when a decision will be reached on that. Both of my doctors and medical evidence states I am unable to work, which I am- most days pain controls my life. The problem seems to be that it (SSD) is harder to get when you are under 50 or 55. Spouse has had a drug problem off and on throughout marriage. Has gone to counseling/ program for that but it is still an issue and has lack of anger control. Has a felony conviction dating back 11 years. We have considerable debt due to major medical bills not covered by insurance. Had about 40K equity in our home but who knows now with the economy and homes depreciating. He has GED and I have a few semesters of college, no degree. Last job I had taken before my disease was to be able to work days and go to school at nights. Now, have problems w/ mobility and pain and can barely get through the day at times. Have tried to remain upbeat through becoming disabled but the last couple of years the problems in our relationship have made that nearly impossible. Does everyone cry when typing out that their marriage they thought would last through good and bad just blows up and they are reduced to a divorce website?? I have stood by him through the years- embarrassing trial, the drug use, etc. but if he can't stand by me through something I had no control over and still treat me with respect, well I feel I deserve alimony. There's no way I could live/ support myself with no ability to work and not drawing SSD. Even with the SSD, if I win my case, it would be just under $800 per month. I don't want to hurt the man, but, I still feel sick when I say this, maybe we would both be better off not being married. I truly do want us both to be happy and if that is apart, then it has to be. What do you think the laws of our state say about alimony (amounts, time period) when all the factors I have mentioned are involved? Any other input about divorces, if anything sticks out to you, would be appreciated. Also, do some states call it spousal support and some call it alimony, or is the later just an old fashioned name for it? Thanks for reading. [/quote]
Accept his alimony for what is is but make sure you DO NOT have a clause that it is non-modfiable, since you are waiting on SSA decidion, if you understand what I mean.
| LoveLost |
| (recently joined) |
| 02/20/09 08:48 AM |
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Re: SS and Disability
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Thanks all. The back-pay on disability would be great but SS takes off 6 months from application date, attorney takes 25%, federal taxes and the fact we only showed him for income on our previously owned business (thanks to accountant's advice) the back pay if gotten today would only be about 20K or less. Yes, I would use it wisely, for a place to live. I think my income would be low enough to qualify for some other help. Hate to even think about that. Just as scary would be losing health insurance, but as I understand it, 2 yrs after SSD kicks in, I'd be eligible for Medicare despite my fairly young age.
Yes Dad- Accept his alimony for what is is but make sure you DO NOT have a clause that it is non-modifiable, since you are waiting on SSA decision, if you understand what I mean. I am not certain I do understand what you mean. Do you mean to not have something in divorce that says alimony only if/ or until I were to get SSD? If so, I would think an attorney would make sure of that? If that isn't what you meant, would you please elaborate?
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/21/09 06:26 AM |
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Re: SS and Disability
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[quote]Thanks all. The back-pay on disability would be great but SS takes off 6 months from application date, attorney takes 25%, federal taxes and the fact we only showed him for income on our previously owned business (thanks to accountant's advice) the back pay if gotten today would only be about 20K or less. Yes, I would use it wisely, for a place to live. I think my income would be low enough to qualify for some other help. Hate to even think about that. Just as scary would be losing health insurance, but as I understand it, 2 yrs after SSD kicks in, I'd be eligible for Medicare despite my fairly young age.
Yes Dad- Accept his alimony for what is is but make sure you DO NOT have a clause that it is non-modifiable, since you are waiting on SSA decision, if you understand what I mean. I am not certain I do understand what you mean. Do you mean to not have something in divorce that says alimony only if/ or until I were to get SSD? If so, I would think an attorney would make sure of that? If that isn't what you meant, would you please elaborate? [/quote]
No, what I mean is since you haven't been approved yet, I wouldn't count on being approved. If you have to use an attorney, that means it is going to take a long time if ever. Most CO's make alimony non-modifiable with the exception of an increase in his income. If you are not approved, the court won't recognize your "disability" even if 25 doctors march in and say you are. More people are not approved than are. SSA has a list of basic slam dunk disabilities but if you are using a lawyer, that means you are (or have had) a SSA hearing. And don't forget, if HE looses his job, he can collect off of your disability. Make sure the CO states alimony is modifiable for any reason at any time. Most people, even with lawyers, are turned down for SSDI (or probably in your case SSI since you haven't worked in a while and might not have the credits)
If you are turned down by SSA, you are not disabled in the eyes of the court.
| gr8Dad |
| (Carpal \'Tunnel) |
| 02/21/09 04:41 PM |
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Could you expound more...
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...on what he did to disrespect you? I mean, you seem to be REALLY stuck on this felony conviction 11 years ago, and I will be honest, that probably won't count for anything. And you bring up his different times of drug use, but drug use CAN meet the definition of a disability, so as you can imagine, going into court and expecting help because of YOUR disability, while using HIS disability as a reason would make you look silly.
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/21/09 05:21 PM |
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Re: Could you expound more...
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A 20 year old felony in my case (not by me) made all the difference in the world.
| finz |
| (Carpal \'Tunnel) |
| 02/21/09 08:22 PM |
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Re: Could you expound more...
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Are you sure on losing the first 6 months ? I don't recall anything like that...I thought it went back to the date of disability per your docs. I'm not positive though.......in my case I didn't apply for SSDI until I was already out of work over one year,
The lawyer is 25%, but is capped at $5,100
The taxes can be broken down over the number of years that you were waiting for approval, so your tax burden will probably be low because of your income.
Medicare picks up 24 months after the date of disability per SSDI.....so if they approve you tomorrow and set your date of disability as the date your docs say, that 24 months is already up and you would be covered right away. I actually got my MC card in the mail before I had the official news that I was approved.
My concern for you is that it is not safe to go a day without insurance because you already have health issues. You could apply for Medicaid in the interim, but make sure your docs accept MA......many in my area don't take it.
| gr8Dad |
| (Carpal \'Tunnel) |
| 02/21/09 09:21 PM |
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Taxes are not an issue...
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...as SSDI is not taxable.
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/22/09 04:31 AM |
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Re: Could you expound more...
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[quote]Are you sure on losing the first 6 months ? I don't recall anything like that...I thought it went back to the date of disability per your docs. I'm not positive though.......in my case I didn't apply for SSDI until I was already out of work over one year,
The lawyer is 25%, but is capped at $5,100
The taxes can be broken down over the number of years that you were waiting for approval, so your tax burden will probably be low because of your income.
Medicare picks up 24 months after the date of disability per SSDI.....so if they approve you tomorrow and set your date of disability as the date your docs say, that 24 months is already up and you would be covered right away. I actually got my MC card in the mail before I had the official news that I was approved.
My concern for you is that it is not safe to go a day without insurance because you already have health issues. You could apply for Medicaid in the interim, but make sure your docs accept MA......many in my area don't take it. [/quote]
There is a six month wait period (they are hoping you either get well or die). It's 6 months from your "onset date" so say you became sick April 1, you begin accruing benefits Oct 1. In other words, if your case takes 2 years to get approved, you would receive 18 months of retro payments rather than 24 months. A lot of people die waiting to be approved. But there is a 6 month waiting period
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/22/09 04:40 AM |
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Re: Taxes are not an issue...
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[quote]...as SSDI is not taxable. [/quote]
Where did you get that? Yes it is, under certain circumstances. This explains it better than I could.
http://www.marketwatch.com/news/story/how-slash-taxes-social-security/story.aspx?guid=%7BEB1BC938-EABA-43EF-AD3D-5AC839A9BE62%7D
| gr8Dad |
| (Carpal \'Tunnel) |
| 02/22/09 02:03 PM |
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In HER case...
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...it will not be taxed, and her income, beyond the SSDI will be zero, unless she gets alimony. Now, if her income exceeds $32000 a year, it would APPEAR to be taxable, but if she makes more than $900 a month, she would lose part of her SSDI.
It is a tricky formula, but I assure you that if you ONLY Income is SSDI, you pay no taxes.
| Yes_Dad |
| (Carpal \'Tunnel) |
| 02/22/09 05:39 PM |
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Re: In HER case...
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[quote]...it will not be taxed, and her income, beyond the SSDI will be zero, unless she gets alimony. Now, if her income exceeds $32000 a year, it would APPEAR to be taxable, but if she makes more than $900 a month, she would lose part of her SSDI.
It is a tricky formula, but I assure you that if you ONLY Income is SSDI, you pay no taxes. [/quote]
Wrong. As a couple, up to 50% of SSDI can be taxed with income over 50% and they couples tax rate. Alone, she would never get enough to be taxes, and to prevent retro taxes, you can refile for those years. The EXACT formula is as follows
STRAIGHT from the 1099-SSA
A. Enter the total amount from box 5 (off the SSA 1099) Box 5 is net SSDI income
B Enter 1/2 pf the amount on line A
C. Enter your TOTAL income that is taxabl, such as pensions, wages, interest, ordinary income and capital gains contributions. Do not reduce your income by any items such as student loan deductions, the standard deduction (or itemized deductions) or exemptions
D. Enter any tax-exempt interest such as interest on municipal bonds
E. Add lines B,C,D and enter the totals here. Then read the info below
--
Part of your SSDI benefits may be taxable if for 2008 you were signle and line E is more than $25,000
2. Married, and
a. You would file jointly snd line E is more than $32,000; or
b. You would file seperately, and line E above is more than zero)more the $25,000 if you lived apartfrom your spouse for all of 2008
If your figures show that part of your benefits see Social Security Benefits in your federal income tax return instructions. If they do not, none of your benefits are taxable this year unless you exclude income from sources outside the United States, interest income from EE bonds or I U.S bondssacings bonds,issued after 1989 or employer privided adoption benefits.
In non of your benefits are taxablel but you must file a tax return doing the following
*Enter the totalamount from line A above on form 1040, line 20A, or Form 1040A above on Form 2040, line 30s, or Form 1040A, line 14a and enter -0- on Form 1040, line 30b, or Form 1040A line 24b
*If you and your wife lived apartfor all of 2008, enter D to the right ig the word benefits on Form 1040, line 30a, or Form 1040A line 14a
Bottom linr if your total income os over 50K, 1/2 of them is taxable.
This is straight from SSA, I suppose the IRS would have it too.
It's a total myth SSDI is non-taxable. SSI is non-taxable in any way, shape or form
I know this because in the year 2004 and part of 2005 I was on it and my income dictated that it be factored in for taxes.
| gr8Dad |
| (Carpal \'Tunnel) |
| 02/22/09 06:03 PM |
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Okay, but you are talking about...
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...a couple in which one spouse HAS an income, and the other has SSDI.
I am talking about if you ONLY income is SSDI. In other words, you get X amount a year from SSDI, and the SSDI is the ONLY Income in your house.
Sorry for the confusion.
| finz |
| (Carpal \'Tunnel) |
| 02/23/09 02:52 AM |
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Re: Taxes are not an issue...
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[quote]...as SSDI is not taxable. [/quote]
We don't know if her's will be or not....it depends on the amount she gets in the back pay check and on when she gets seperated/divorced