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: 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

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: 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 - 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.

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: 07-17-2007
Mon, 08-30-2010 - 4:47pm
That is my suggestion too.
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: 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.