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GETTING OUT: A Divorce Manual

The following is the last in a series of five excerpts from GETTING OUT: A Divorce Manual, written by the law students and attorneys of the Domestic Relations Project of the Cleveland Chapter of the National Lawyers Guild. Copies of the Manual arc available from the Women's Caucus of the National Lawyers Guild, P. O. Box 02133,-Cleveland, Ohio 44102. Prices are $1.00 for individual copies, and .$.75 per copy for orders of 50 or more.

SOCIAL SECURITY

The social security program helps the families of workers who have died, retired, or been disabled. If you were married to your husband twenty years or more before the divorce, then you can collect social security benefits if:

1. You are at least 60 years old.

2. You are disabled and at least 50 years old.

Even if you were married to your husband for 20 years, you will not be able to collect social security benefits if you remarry.

The children will be able to get the same social security benefits from their father after the divorce. If you have custody of the children, you must apply

for their benefits. The benefits are usually paid each month. The amount depends upon how much the father earned. These payments last until the child is 18. If the child is a full-time student, payments will then last until s/he turns 22.

You and your children will also be able to collect social security benefits from your own employment when you are retired or disabled. Your children will also be able to get benefits after you have died.

If you have not worked enough to collect social security benefits, you may be able to collect under a program called Supplemental Security Income (SSI). To be eligible, you must:

1. Be over 65 or disabled, and

2. Have a limited income.

For further information on social security, contact your local social security office.

WELFARE

If you are in need and you are not getting support from your husband, you should apply for welfare benefits. The government gives support to all kinds of people in our society, even rich corporations. Unfortunately, the welfare system is a lot of hassle and makes people feel very low about themselves. Do not let this stop you. You have a right to get help when you need it.

To avoid some of the hassles, call first and find out what information you need to bring. You might also want to bring a friend for moral support. The process will take a long time. If you think you were treated unfairly, contact the Legal Aid Society or the

Welfare Rights Organization (see Appendix). There are many types of welfare programs you can apply for. Here are the most common:

1. Aid to Dependent Children (ADC)

If you and your husband are not living together, you have very little income, and you have children under 18 years of age living with you, you can get ADC. The amount of money you get each month depends upon the number of children living with you. It generally takes 2 to 3 weeks before getting the first check. If you cannot wait 2 or 3 weeks, see the section on emergency relief below. You can also get medical care from welfare.

2. General Relief (GR)

If you have very little income and are not able to get ADC (for example, you do not have children under 18), you can probably get GR. The amount you get each month will be a very small sum. It will depend upon how many people are in your household and how much your rent is. You will also have to sign up for a work program. It generally takes 2 to 3 weeks before getting the first check. If you cannot wait 2 or 3 weeks, see the section on emergency relief below.

3. Food Stamps

Food stamps are coupons which can be used like money to buy food in grocery stores. If you are on ADC, GR, or have a very low income, you can get food stamps. There is no waiting period for food stamps. You get them right away. The food stamps may cost some money depending on your income.

4. Emergency Relief

You can get some money right away from welfare if you are in great need of it. It can be used for food, shelter, clothes, utility bills. You can get this money

no more than once a year, so always try to get the money somewhere else if possible.

Welfare and Divorce

If you are getting any kind of welfare benefits, you must report to welfare any other income you get. This includes child support and alimony. You need report only the money you actually get. If you do not report it, you may be cut off from benefits, you may have to pay back the money welfare gave you, and you may be charged with a crime.

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If you are getting alimony or child support, the amount of welfare you get may be less than the regular amount. Or, the welfare department might make the payments from your husband go directly to them. If your husband does not make the payments he is supposed to, welfare can then sue him.

For more information, call welfare or the Welfare Rights Organization (see Appendix).

WILLS

After the marriage is ended, you may have to change your will. The will will have to be changed if:

1. You named your husband in the will, and 2. You later got divorced, and

3. You made a property settlement (for example, divided up the house, car, and furniture).

If you do not change the will, the law will change it for you. The law will treat your will as if your husband's name had been taken out of it, and he will not be able to get what you left him.

You should rewrite the will to make sure that your property is given to whom you want. Be sure to lear up the old will after you write the new one.

If you don't already have a will, you should have one written, especially if you have children.

INSURANCE

You may want to change your life insurance policy after the divorce if your husband is named as a beneficiary. The law will not change it for you.

Some health insurance plans state that they do not cover ex-spouses, but they still cover the children. If you were covered under your husband's health plan. you should check to see if you are still covered after the divorce. Health insurance is important to have. You should get another health plan as soon as possiblc if you are not covered.

TAXES

The tax law is different for child support and alimony. Remember this when asking for alimony and child support.

You do not have to pay taxes on money you receive for child support. Your husband cannot deduct this Usually your husband can claim the children a dependents if he pays at least $1200 for each child fo that year and you and he agree that he can claim th children.

You must report as income and pay tax on th alimony you receive. This generally means you wil have less money to live on. Your husband can deduc from his income the money he gives you as alimony

You will pay tax on money you receive as alimony unless:

1. You receive it as one lump sum,

2. The payments are to be paid for a stated number of years less than ten, and must not end if you die or remarry.

When you receive property in the divorce, it is considered a sale for tax purposes. You will not pay in. come tax for it, but your husband will.

You can subtract the money paid for day care from the taxes you owe (called a tax credit). You can do this when:

1. You have custody of the children, and 2. You yourself pay for the day care (it doesn't matter if your husband gives you the money to pay for it), and

3. You pay for day care so that you can work.

It is very important to talk to a lawyer about the tax laws and divorce. Our federal income tax law is the most complicated law in the world. There are so many twists in the law that the simple rules given here may not give you the best results or the results you

want.

ENFORCING COURT ORDERS

When you or your husband do not live up to the divorce settlement, the court may order you both to do so. This is called enforcement. The court can issue an enforcement order if your husband is not (continued on page 14)

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