Need advice... Social Secuity a disability, non-parent adn income

[Mynyel]

How's that for a title?

 

Here is the situation and I want to see if anyone has any insight.

 

My sister (we will call her H) has an Aspie (We will call her B). H has been getting SSI for B for awhile, not sure how long but maybe two years.

 

H met a guy ( we will call him C) and they moved in together and they have had a child. They are not married. It has been over two years since they have lived together.

 

H has been told that she now has to claim C's income because they have a child together. C is *not* B's father. B's father is not involved, at all. IIRC my sister doesn't get one thin dime from B's father.

 

So here is the question. Can anything be done? Why do they need C's income for a child that isn't his?

 

The next question. Since SS is going to count C's income can C turn around and claim B on his taxes then? If he is expected to support her (in the eyes on the gov't)? My sister doesn't work so technically C has been providing for 100% of B's (except what the SSI covered) expenses.

 

What say they hive? Any advice?

[Slipper]

If they have been together for two years, are they considered common law marriage?

[MomatHWTK]

The income limit is probably based on household income. Take a look at the regulations defining income for eligibility to confirm. For tax deductions, you would have to look at the federal tax laws to determine who qualifies as a "dependent."

[Mynyel]

If they have been together for two years, are they considered common law marriage?

 

There is no common law in California :)

 

The income limit is probably based on household income. Take a look at the regulations defining income for eligibility to confirm. For tax deductions, you would have to look at the federal tax laws to determine who qualifies as a "dependent."

 

Hmm will look at that thanks.

 

NM :) Got it figured out!

Edited May 24, 2012 by Mynyel

[Dobela]

How's that for a title?

 

Here is the situation and I want to see if anyone has any insight.

 

My sister (we will call her H) has an Aspie (We will call her B). H has been getting SSI for B for awhile, not sure how long but maybe two years.

 

H met a guy ( we will call him C) and they moved in together and they have had a child. They are not married. It has been over two years since they have lived together.

 

H has been told that she now has to claim C's income because they have a child together. C is *not* B's father. B's father is not involved, at all. IIRC my sister doesn't get one thin dime from B's father.

 

So here is the question. Can anything be done? Why do they need C's income for a child that isn't his?

 

The next question. Since SS is going to count C's income can C turn around and claim B on his taxes then? If he is expected to support her (in the eyes on the gov't)? My sister doesn't work so technically C has been providing for 100% of B's (except what the SSI covered) expenses.

 

What say they hive? Any advice?

You have to provide the income for everyone living in the house. It doesn't matter who they are, if they are contributing to the house in some way, you have to give their income as well. When my dd's SSi came up for review we were even asked how much 'income and support' we were receiving from people outside of the household - like friends and extended family.

 

Yes, he can count her on his taxes as a dependent, or so I think. But check with a good accountant first. We were actually able to claim foster children on our taxes on occassion if they lived with us over 6 months of the year and parental rights were terminated since the state didn't claim them on any taxes. One key was that no one else was claiming them. I don't know how that would work though if they are filing separately.

[Elizabeth in MN]

There is no common law in California :)

 

This is not 100% true - http://www.cadivorce.com/news/common-law-marriage-myths/

 

It use to be in CA that if you presented yourselves as married then it was a common law marriage. That old statute is no longer true, though.

[Tap]

Like others have said, it is a 'total household' income so paternity doesn't matter.

 

My guess on the taxes is that he can file as Head of Household:

 

From the IRS Website:

 

Head of Household

You may be able to file as head of household if you meet all the following requirements.

 

You are unmarried or “considered unmarried” on the last day of the year.

 

You paid more than half the cost of keeping up a home for the year.

 

A “qualifying person” lived with you in the home for more than half the year (except for temporary absences, such as school). However, if the “qualifying person” is your dependent parent, he or she does not have to live with you. See Special rule for parent , later, under Qualifying Person.

 

 

 

 

If you qualify to file as head of household, your tax rate usually will be lower than the rates for single or married filing separately. You will also receive a higher standard deduction than if you file as single or married filing separately.

Edited May 25, 2012 by Tap, tap, tap

[mommaduck]

The income limit is probably based on household income. Take a look at the regulations defining income for eligibility to confirm. For tax deductions, you would have to look at the federal tax laws to determine who qualifies as a "dependent."

Relationship does not matter. Household income does.