Dealing with PDD-NOS in court

Avatar for artzgirl
iVillage Member
Registered: 04-17-2003
Dealing with PDD-NOS in court
8
Mon, 08-30-2010 - 2:43pm

My husband and I are separated and he pays me alimony (in lieu of child support) and I just found out he'll be claiming it on his taxes, which means I will have to pay taxes on it. I only work part-time right now, and with the taxes withheld, I will be in financial straits. The obvious solution is to get a full-time job. But here's the rub.

I fully expect that my son will need some extra care now that he has been diagnosed with PDD-NOS, and if I'm working full-time, I will be unable to provide that care or be there with him.

My question is (if anyone here knows), how much would a judge take into consideration the diagnosis of PDD-NOS in a divorce case? Is it considered a disability that warrants "extra" money from my soon to be ex-husband? I don't want to price gouge, but there is an additional problem - I'm bipolar and need therapy/meds to survive. I'm really stuck between a rock and a hard place financially. If he would just not claim the alimony, I think it'd be okay, but otherwise...

Any advice or support would be appreciated. Thanks.

Rachel

iVillage Member
Registered: 03-09-2009
Mon, 08-30-2010 - 3:14pm
My suggestion to you would be to consult with a lawyer. Many of them offer free or inexpensive first-time consultations. The advice you receive at one of these initial consultations could prove to be invaluable, and you may not need any further help from the lawyer.
Avatar for Cmmelissa
iVillage Member
Registered: 11-13-2008
Mon, 08-30-2010 - 3:30pm
Is there any way that you can get the alimony changed to child support?

iVillage Member
Registered: 07-17-2007
Mon, 08-30-2010 - 4:47pm
That is my suggestion too.
Avatar for sselwa
iVillage Member
Registered: 03-27-2003
Mon, 08-30-2010 - 6:41pm

Hi I went through a divorce last year and there was nothing I could put in for child support past 18.

Susan, mom to Sam 11 and Connor 9
iVillage Member
Registered: 01-05-2010
Tue, 08-31-2010 - 9:31am

I can only echo what the others have said...your local bar association can be a great help in finding you a low-cost or free consultation with a family law expert.

iVillage Member
Registered: 01-07-2009
Tue, 08-31-2010 - 10:05am

Hi Rachel,

I'm in Canada, so if it's the same in the States, but there is a tax credit for children with disabilities. You have to get a doctor to sign the forms to send it in. Maybe someone else here might know.

Heidi.

iVillage Member
Registered: 01-05-2010
Tue, 08-31-2010 - 10:18am

and you should file for child support...alimony is separate, intended as maintenance for you, child support would be in addition to alimony and/or spousal support.

iVillage Member
Registered: 06-03-2006
Tue, 08-31-2010 - 4:44pm

Let me share my experience of court, pdd-nos & child support.


Sometimes as a peace offering some child support is paid as alimony. This way father gets some tax relief and mother pays some taxes. Total support being paid may be a bit more than is required. Did a lawyer suggest alimony instead of child support ? Who's lawyer was it ?


Four years ago xh took me to court on