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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 05-28-2022, 03:28 PM
Croa Croa is offline
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I am asking this for a friend on long term disability, he is receiving LTD income from insurance company. Because of his medical conditions, his drivers license is suspended, and his doctor has also suggested personal support for his daily life. I often help him with transportation, grocery, Doctor's appointments, communication, etc., he sometime pays my gas, bills, cash, etc. He wants to put those on his financial statement and wanted to know if it would be permitted in court or need any proof for it. Thanks again.
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  #22  
Old 05-28-2022, 04:20 PM
StillPaying StillPaying is offline
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His financials were submitted with his application/response. It would include all income and expenses. However, he has an income and will pay support based on it if he's lucky. Otherwise it could be imputed for more. Again- highly unlikely to qualify for undue hardship while on LTD and receiving benefits. Children would come first.
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  #23  
Old 05-28-2022, 05:09 PM
rockscan rockscan is offline
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Quote:
Originally Posted by StillPaying View Post
His financials were submitted with his application/response. It would include all income and expenses. However, he has an income and will pay support based on it if he's lucky. Otherwise it could be imputed for more. Again- highly unlikely to qualify for undue hardship while on LTD and receiving benefits. Children would come first.

If its a change of circumstances he would do a new financial statement. That would include any expenses as well as a status on what the timelines are for treatment or recovery.

Child support is normally priority but I have also seen people on disability given a pass.
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  #24  
Old 05-28-2022, 05:12 PM
pinkHouses pinkHouses is offline
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Just let them put it on the form.
If the judge says "I don't believe you, let me see those receipts" then they will have to provide receipts, maybe an affidavit from you (?)

If you are doing work for them and they are paying you did you claim it as income on your taxes?

There isn't much of an upside to this.
Are they looking to pay CS based on their LTD income or some lower amount?
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  #25  
Old 05-28-2022, 05:43 PM
gmcode gmcode is offline
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Child support is normally priority
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  #26  
Old 05-28-2022, 05:45 PM
StillPaying StillPaying is offline
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Quote:
Originally Posted by rockscan View Post
... as well as a status on what the timelines are for treatment or recovery.

Child support is normally priority but I have also seen people on disability given a pass.
Timeline is indefinite dr ex.
Its been more than 6 months, STD.
LTD is available for 2 years, unless catastrophic and permanent.

If you come across any LTD's getting a pass do let us know.

Quote:
Are they looking to pay CS based on their LTD income or some lower amount?
Lower table amount. Not going to happen.
Be a 50% parent and you'll also receive support - but your friend will be paying table based on all his income replacement benefits.
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  #27  
Old 05-28-2022, 06:37 PM
pinkHouses pinkHouses is offline
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Quote:
Are they looking to pay CS based on their LTD income or some lower amount?
Quote:
Originally Posted by StillPaying View Post
Lower table amount. Not going to happen.
Be a 50% parent and you'll also receive support - but your friend will be paying table based on all his income replacement benefits.
^^^This.
Sometimes it doesn't happen and some people believe they still have to pay CS based on their full income no matter what.

Not sure what the OPs friend is looking for.
For all we know their LTD is 70K a year and this is all becomes a moot conversation.



Nothing stops them from making a side deal with their ex except their ex.
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  #28  
Old 05-28-2022, 07:13 PM
Croa Croa is offline
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He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.
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  #29  
Old 05-28-2022, 08:04 PM
rockscan rockscan is offline
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Quote:
Originally Posted by Croa View Post
He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.

Doesnt matter. His obligation is to his first child(ren) and then to the next child.
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  #30  
Old 05-28-2022, 09:06 PM
pinkHouses pinkHouses is offline
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Quote:
Originally Posted by Croa View Post
He is looking for lower amount as his current income is not even enough for himself and has another young child not in his custody needs to support and visit, and access to another child is very expensive because of different cities. Another child also lives with him during breaks, holidays.
That is a complicated life.

I posted a few links to cases.
Ask him to read the cases and the cases those cases linked.
The expense of having to travel to different cities is reason to reduce child support but I am going to guess and say that is only good for reducing CS to the applicable set of children, definitely a big guess.

If your friend wants to put those expenses on their form then they may chose to do that but it becomes complicated you obtaining income assuming it is not claimed as income.

Your friend may also qualify for legal aid, he can call them and do an intake with them.

Last edited by pinkHouses; 05-28-2022 at 09:21 PM.
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