Legal Question in Disability Law in New York

Not allowed to claim my children as dependents because I am disabled

My divorce says that in any year that I have taxable income I may claim my children as dependents on my income taxes. The problem is with the Hearing Examiner who ordered that I must have taxable income on my own. I am 100% disabled and do not work. I receive social security disability. I have remarried since my divorce and file a joint return with my new husband. Together we have taxable income but the hearing examiner says that does not count. The hearing examiner says that none of my social security is taxed so I cannot claim them. Isn't the hearing examiner discriminating against me? I am disabled! If I cannot work because I am disabled I will never have taxable income and will never be allowed to claim my children as dependents. Is this right? I am liable for any tax consequences relating to my marriage and joint returns so why can't I count my joint income as having taxable income? I am losing out on many deductions because of this stupid order and the children live with me 365 days a year. This is so unfair. I have looked for information about this issue but cannot find any law cases on this subject. What can I do?


Asked on 2/02/07, 11:12 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

Re: Not allowed to claim my children as dependents because I am disabled

This is not an ADA problem. It is best that you seek advice from a tax specialist that is familar with filing tax returns for those receiving social security or disability benifits. The problem may have stemmed from attibuting taxable income to each spouse although you are filing a joint income tax return. After seeing the tax specialist and depending on the outcome, see a tax attorney on filing an appeal.

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Answered on 2/03/07, 8:08 am


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