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Autistic child and emancipation



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04/20/2008 15:21
kerryl64
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My son is 17 and has Autism and ADHD. The last time I took his father to court to increase child support the agreement I signed stated that Alex could be emancipated at age 18 on his birthday. As this day is drawing closer I can see that there is just no way I can make it monthly without the $660 dollars a month his father sends. My friends say that I can just petition the court to have Alex's support extended indefinately, including if my ex retires. Is this true? I applied for SSI about 5 years ago and did not disclose that I was recieving any child support from my ex, (he sends it to me directly-it doesn't go through an agency) so Alex is recieving the full benefit. I feel guilty about this, but I have a hard time keeping employment and it was just a safety net. When my ex files the papers for emancipation in the court am I going to get caught by SSI?
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04/20/2008 22:44
spectrummum
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This is a tricky one

you should have really declared it.

I would seel legal advice just to be sure of what o do

i am sure if the child is disabled the parent who has the means des continue to pay.

shell

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04/21/2008 11:58
kari
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Hi my is Kari I just recently joined, hope you don't mind me responding but I can relate to your situation. I was getting SSI and only 500 in child support. I went through the exact same thing. My child support wasn't through the state or any agency, he sent it directly to me but by check and then I would cash it at my bank, right there is proof. If he pays you cash there is no proof. Because of the father etc... long story short, I ended up having to pay SSI back but only for a few months and they didn't stop benefits just deducted out of each check (I got lucky with that one). The only way they know is if you tell them, or they catch you in a lie or someone tells them. Your court date isn't regarding SSI. once he turns 18 you can file disability for him if he qualifies or you can file for taking care of a person with a disability. Regarding the father, I would try going to court to see if it can be extended because if you have to still take care of him cause of his disability then so should he. I know what its like not making it monthly, and not being able to work, I still have that same problem today and still only get 500 in child support since 04, and even though its not enough and unfair I bite my tongue cause I need that 500. I really don't know how they expect us to make it on such a low income especially when we have a special needs child and we can't work. Its so unfair, no wonder we lie to get help and we shouldn't have to. The fathers should be paying more cause they can work. and as they say, its their child too. oh check into seeing if he could qualify for disability or any income help, it may be more then your ex is paying? Plus if he gets disability he will get medicare and they give a work ticket to help people with disability work and he can have an advocate help him too. I don't know if this helps? I tried to make this short LOL.

Kari



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04/21/2008 17:53
kerryl64
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Thanks Kari, and Shell, that really helps give me courage. You are so right--If I have to continue to care for him the least the father could do is help out financially. I am just scared that if I try to extend the child support payment beyond Alex's 18th birthday that my ex will call SSI. I am hoping he will qualify for disability.
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04/21/2008 22:44
spectrummum
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HI

Dont borrow trouble,cross that bridge when it comes.I know its hard hun but try to let it go.

have you spoke to your ex about it

at the end of the day you were only looking out for your family has anyone of us would have done.

shell

http://groups.msn.com/AutismAndAspergersInTheFamily
MY OWN PERSONEL SUPPORT GROUP FOR PARENTS AND CARERS OF CHILDREN WITH ASD OR RELATED DISORDER ALL WELCOME
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