alimony/disability

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Latest post 02-25-2008 7:37 PM by Hearst86. 3 replies.
  • 02-24-2008 4:56 PM

    alimony/disability

    arkansas..
    Some friends of mine were divorced in 2000.They were married for 25 yrs. She was disabled at the time of divorce, so she is awarded permanent spousal support.
    He was laid off from his job in Dec. of 2006. Was told by employment office that he was unemployable, due to the fact that he can't read.Was sent to class to teach him to read two times, with no results.
    He went to court Dec 2007, to have his support cut out, due to his only drawing $414.00 monthly retirement. The judge let him only pay her $ 100.00 a month till April. He has since started drawing soc. sec. disability.
    My question is " Since he is drawing disability, can she draw off of his work record? She is 61 yrs and he is 57 yrs old. Also, will it affect his monthly check?
  • 02-25-2008 12:49 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
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    re: alimony/disability

    Laymasn take:

    1. Get the female to SS office and sort it out--my read is she can begin collecting benefits based on his records as soon as she turns 62. I frankly do NOT know if she can collect now.

    2. I fail to see where inability to read is grounds for either collecting SSDI or failure to pay alimony. But if the judge changed the order, so be it. I doubt judges order affected past due sums? Inability to pay may be an affirmative defense.

    If he is now collecting and that $100/m order expires in April I'd be sure to get back on stream as to what sums I get.

    3. NO, what she gets fromSS has no impact on what he gets!

    4. My view is she is entitled to whatever SS says she is entitled to get PLUS what the order says he must pay her. He is NOT ed to offset his order to pay her with what some er entity pays her--UNLESS he gets judge to buy that fuzzy logic. The local court may or may not take her SS into account. Don't assume until you check!



  • 02-25-2008 5:58 PM In reply to

    re: alimony/disability

    "Was told by employment office that he was unemployable, due to the fact that he can't read."

    An "employment office" staffer saying so doesn't make it so, but he can always learn to read.

    "Was sent to class to teach him to read two times, with no results."

    "He has since started drawing soc. sec. disability."

    Disability due to ...?

    "Since he is drawing disability, can she draw off of his work record? She is 61 yrs and he is 57 yrs old."

    If he were getting Social Security *retirement benefits*, that's where his work record would come into play. Don't know if she can get increased SS disability benefits due to this new lack of spousal support.

    "Also, will it affect his monthly check?"

    His Social Security benefits have nothing to do with anything she can get, regardless of whether he's getting disability or retirement benefits.
  • 02-25-2008 7:37 PM In reply to

    Feedback [*=*] re: alimony/disability

    She might be able to collect.

    It would not hurt for her to make appointment at the local SS office and talk to someone there.

    The worst that they could say is "no". She really has nothing to lose. Moreover, if they tell her "no" or no until she is 62, she at least can say in court that she investigated this one and she found out, yada, yada.
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