bcspace Posted May 1, 2009 Posted May 1, 2009 Employee, spouse, dependent. However, are the definitions of those broad enough to apply to the mother in this situation: Employee is living with (not married to) a woman with whom he has fathered a child. The employee has a DCAP election. The woman loses her job and is now home to care for the child. The woman is neither married to the ee nor is claimed as a dependent. Is this a qualfying event for a change of election?
J Simmons Posted May 1, 2009 Posted May 1, 2009 So with no legal relationship to the employee, the child's mother loses her employment and is now available to care for the child--obviating the need for the day care. No marriage, no spouse. Can the child's mother now somehow qualify as a dependent of the employee? I don't know all the avenues of possibility to be a dependent, but you might want to plumb those possibilities. John Simmons johnsimmonslaw@gmail.com Note to Readers: For you, I'm a stranger posting on a bulletin board. Posts here should not be given the same weight as personalized advice from a professional who knows or can learn all the facts of your situation.
Mary C Posted May 4, 2009 Posted May 4, 2009 If he were a divorced single parent with custody of the child, and found a free day care provider, would the issue of whether he was married to that provider or not be an issue? The regs recognize the change of day care providers as an event to change the election.
bcspace Posted May 4, 2009 Author Posted May 4, 2009 So with no legal relationship to the employee, the child's mother loses her employment and is now available to care for the child--obviating the need for the day care. Correct. No marriage, no spouse. Correct also. Can the child's mother now somehow qualify as a dependent of the employee? I don't know all the avenues of possibility to be a dependent, but you might want to plumb those possibilities. We are plumbing. If he were a divorced single parent with custody of the child, and found a free day care provider, would the issue of whether he was married to that provider or not be an issue? Good question. He just lives with her. No legal relationship. The regs recognize the change of day care providers as an event to change the election. Might be a possibility.
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