Being Forced into Early Retirement

[ChristianHJung]

What is the name of your state (only U.S. law)? New Jersey - Yesterday, I had to appear in Essex County for a probation hearing because I am unable to pay spousal support in the amount of $500.00 per week ($200 alimony and $300 arrearages). I am 64 years of age and have been unable to work since getting cancer in June, 2012. My cancer is in remission, however, it has left me with nerve damage in my hands and feet. I have a disability claim pending. The probation official sent my case to the judge who ordered me to submit my retirement papers within 30 days or face jail time. I do not believe that a superior court judge can order someone to retire early in order to satisfy a debt. Any assistance will be greatly appreciated.

 

[OHRoadwarrior]

Ultimately the judge can put you in jail for contempt for not paying, if they determine you can obtain the means to pay it. Twist it however you wish. Serve your time in jail and continue pursuit of disability.

 

[LdiJ]

Ultimately the judge can put you in jail for contempt for not paying, if they determine you can obtain the means to pay it. Twist it however you wish. Serve your time in jail and continue pursuit of disability.

I agree with this but I will clarify. You are in contempt of court for not paying your alimony. The judge can put you in jail for that. The judge cannot force you to retire, but the judge can go ahead and find you in contempt for not paying if the judge decides that you are refusing to do something that would gain you income now.

 

[Bali Hai]

What is the name of your state (only U.S. law)? New Jersey - Yesterday, I had to appear in Essex County for a probation hearing because I am unable to pay spousal support in the amount of $500.00 per week ($200 alimony and $300 arrearages). I am 64 years of age and have been unable to work since getting cancer in June, 2012. My cancer is in remission, however, it has left me with nerve damage in my hands and feet. I have a disability claim pending. The probation official sent my case to the judge who ordered me to submit my retirement papers within 30 days or face jail time. I do not believe that a superior court judge can order someone to retire early in order to satisfy a debt. Any assistance will be greatly appreciated.

Sounds like age discrimination to me. What if your condition improves and you are able to go back to work? Did the clown think of that?

 

[Ladyback1]

Sounds like age discrimination to me. What if your condition improves and you are able to go back to work? Did the clown think of that?

Since we don't know what the OP did prior to his cancer diagnosis, there is no way to say what sort of "improvement" OP would need in order to return to work. And depending on several things, "nerve damage" to hands and feet may NEVER improve. Based on his age and the limited medical diagnosis provided, he is a strong candidate for medical retirement/early retirement.

If by retiring, OP would have a monthly income (consistent) vs. waiting around for SSA (assuming OP is talking Social Security Disability) to get off their duff and approve/deny, or the OP just not working period, then it would seem to me that retiring would be his best opportunity to avoid jail time.

 

[ChristianHJung]

Actually, the judge told my ex-wife's attorney that he does not have to power to remand me because Essex County does not provide a defendant with a pro bono lawyer. He further stated that if this proceeding took place back in Bergen County where the defendant is provided a pro bono lawyer, the the defendant could be sent to jail for non-payment of alimony. All of this is very confusing to me.

This is what the judge wrote in the court order:

Today, Defendant testified that he is disabled but failed to provide proof of same. This matter is referred to Superior Court Judge with recommendation for remand. Upon hearing Denovo, is ordered to apply for social security within the next 30 days, unless spoken to an Atty and is counseled not to. Defendant to provide a copy of the application to Social Security to the Pltf's Atty within 30 days. Enforcement is stayed for 30 days.

Please note that the divorce occurred in Bergen County in 2001, however, because I lived in Essex County in 2002, the probation account was transferred to Essex County. Since 2007, I have lived in Passaic County. I think the law states that your probation account is suppose to be transferred to your county of residency

 

[Bali Hai]

Since we don't know what the OP did prior to his cancer diagnosis, there is no way to say what sort of "improvement" OP would need in order to return to work. And depending on several things, "nerve damage" to hands and feet may NEVER improve. Based on his age and the limited medical diagnosis provided, he is a strong candidate for medical retirement/early retirement.

If by retiring, OP would have a monthly income (consistent) vs. waiting around for SSA (assuming OP is talking Social Security Disability) to get off their duff and approve/deny, or the OP just not working period, then it would seem to me that retiring would be his best opportunity to avoid jail time.

He is not at the age to receive full SS retirement benefits. If the system wants to feed and house him while he figures out what's the best thing for HIM personally then go ahead and pay for that.

Another clear example of a judge with too much power.

 

[justalayman]

Today, Defendant testified that he is disabled but failed to provide proof of same. This matter is referred to Superior Court Judge with recommendation for remand. Upon hearing Denovo, is ordered to apply for social security within the next 30 days, unless spoken to an Atty and is counseled not to. Defendant to provide a copy of the application to Social Security to the Pltf's Atty within 30 days. Enforcement is stayed for 30 days.

you are claiming a disability. If you are disabled, typically one would apply for SSDI. Are you certain that isn't what he means?

or is that what you have applied for when you said you have a disability claim? If so, did you present proof of your application to the court?

 

[justalayman]

He is not at the age to receive full SS retirement benefits. If the system wants to feed and house him while he figures out what's the best thing for HIM personally then go ahead and pay for that.

Another clear example of a judge with too much power.

he is if he is disabled

 

[ChristianHJung]

I showed the hearing official a copy of a letter from Social Security stating that they received my application and wanted me to sign and return a medical record release form. He said that was not proof of disability and that anyone can go online and fill out an application and claim they are disabled. Seems no matter what you present it is not good enough unless presented by a lawyer.

Yes, you are correct. Receiving SSD is the same amount as full retirement.

 

[justalayman]

I showed the hearing official a copy of a letter from Social Security stating that they received my application and and wanted me to sign and return a medical record release form. He said that was not proof of disability and that anyone can go online and fill out an application and claim they are disabled. Seems no matter what you present it is not good enough unless presented by a lawyer.

Yes, you are correct. Receiving SSD is the same amount as full retirement.

so, you take that same application and do this with it:

Defendant to provide a copy of the application to Social Security to the Pltf's Atty within 30 days.

if anybody says anything, have a copy of the order in hand with copy of application underlined.

then underling application on the application


hand them both to the lawyer.

order fulfilled.



the order says nothing about proof of disability. The thing is, you have no proof of a qualifying disability because there is no such thing. You have an application with a claim of a disability and supporting evidence and you have either a denial or acceptance of the claim. Only after the SSA approves the claim would there be proof of a qualifying disability.

 

[Bali Hai]

I showed the hearing official a copy of a letter from Social Security stating that they received my application and and wanted me to sign and return a medical record release form. He said that was not proof of disability and that anyone can go online and fill out an application and claim they are disabled. Seems no matter what you present it is not good enough unless presented by a lawyer.

Yes, you are correct. Receiving SSD is the same amount as full retirement.

Then why do you believe you are being forced into early retirement?? That was the theme of your entire post!

 

[ChristianHJung]

Here is a little more history: In June 2012, I underwent surgery for adrenal cancer. The operation could not remove the entire tumor. In October 2012, I underwent four months of in-hospital chemo. While undergoing chemo, I filed a motion for reconsideration and asked that my child support be terminated (all my child are married with children of their own) and also asked that my spousal support be terminated. I was awarded a $37,000 credit for child support which left a $16,000 spousal arrearage. I was terminated from my job in November 2012 and told that my company, Community Hope, a shelter for homeless veterans in Lyons, NJ, could no longer hold my job as a Job Coach. My court date was postponed until February, 2013. Judge Wilcox was angry that I did not have $100,00 in life insurance. I told him that I was a three time cancer survivor and unable to get life insurance and if I could, it would be very, very expensive. The judge even acknowledged that it would be difficult to obtain term life insurance. He ruled to terminate the child support but not to terminate spousal support. Instead, he increased my obligation to $500.00 per week ($200 for alimony and $300 for the $16,000 arrearage). That is a 150% increase in my obligation. Because of this increase, my current arrearage is $37,000 and climbing $2,000 a month.

 

[Ladyback1]

Actually, the judge told my ex-wife's attorney that he does not have to power to remand me because Essex County does not provide a defendant with a pro bono lawyer. He further stated that if this proceeding took place back in Bergen County where the defendant is provided a pro bono lawyer, the the defendant could be sent to jail for non-payment of alimony. All of this is very confusing to me.

This is what the judge wrote in the court order:

Today, Defendant testified that he is disabled but failed to provide proof of same. This matter is referred to Superior Court Judge with recommendation for remand. Upon hearing Denovo, is ordered to apply for social security within the next 30 days, unless spoken to an Atty and is counseled not to. Defendant to provide a copy of the application to Social Security to the Pltf's Atty within 30 days. Enforcement is stayed for 30 days.

Please note that the divorce occurred in Bergen County in 2001, however, because I lived in Essex County in 2002, the probation account was transferred to Essex County. Since 2007, I have lived in Passaic County. I think the law states that your probation account is suppose to be transferred to your county of residency

The judge is NOT forcing you into early retirement!
What part of that do you not understand.
You have made a claim of disability in order to avoid paying a court ordered amount. You have applied for disability because you cannot work due to a medical issue.
You should have a copy of your completed application. If you say you don't then you are either lying or terribly unobservant regarding what you receive in the mail. (hint: whether you complete the application online or on paper, the SSA sends you an acknowledgment letter AND a copy of what your completed--your application).

So, either you need to educate yourself on legalities (so you can defend yourself) OR you need to find an attorney.

 

[ChristianHJung]

Then why do you believe you are being forced into early retirement?? That was the theme of your entire post!

It would take a year or more for Social Security to review my medical records and approve or deny my claim of disability. You only get full benefits if they approve your claim. The court does not want to wait for a decision. The court wants spousal payments now and because I am eligible for retirement it was so ordered. If I retire now, my benefit would be $1,900 per month. However, because there is now a large arrearage, my ex-wife would get 65% or $1,235 per month. I would be left with $665 per month until she dies.