Disability and Supposal Support/Child Support

[na392]

What is the name of your state? NY. My name is Renee, I am on social security disability and I have and NYS disability retirement pension due to a back surgery that went drastically wrong and many others that followed. I can never work, nor ever have gainful employment or the potential to earn an income due to spinal headaches from a screw tearing my spinal membrane; there is no cure only pain management. If my soon to be ex retires, which he threatens to do in order not to pay child support or maintenance, will I have to pay him even though at present my income is $30,000 less and I will never earn any more and he can? He is a healthy 45 year old with special training in OSHA and other area in relations to police work being he is a high ranking NYS Trooper.
The marriage ended due to his long term affair with a civilian employee at NYS Police Division Headquarters.

[Ohiogal]

What is the name of your state? NY. My name is Renee, I am on social security disability and I have and NYS disability retirement pension due to a back surgery that went drastically wrong and many others that followed.

Okay.

I can never work, nor ever have gainful employment or the potential to earn an income due to spinal headaches from a screw tearing my spinal membrane; there is no cure only pain management.

Okay.

If my soon to be ex retires,

That is nice.

which he threatens to do in order not to pay child support or maintenance,

He may not have to pay you spousal support but if the two of you have minor children then he WILL have to financially support them. Especially at his age. And you can argue to have his income imputed. Retirement at his age would be considered a voluntary unemployment.

will I have to pay him even though at present my income is $30,000 less and I will never earn any more and he can?

\

If he retires he will draw a pension correct? So you have disability income (is your child/ren receiving disability due to your disability?) and he would have retirement income.

He is a healthy 45 year old with special training in OSHA and other area in relations to police work being he is a high ranking NYS Trooper.

Okay. So he can work. Choosing not to is NOT the same as not being ABLE to. He won't get out of child support.

The marriage ended due to his long term affair with a civilian employee at NYS Police Division Headquarters.

Irrelevant.

[Bali Hai]

Originally Posted by na392

What is the name of your state? NY. My name is Renee, I am on social security disability and I have and NYS disability retirement pension due to a back surgery that went drastically wrong and many others that followed. I can never work, nor ever have gainful employment or the potential to earn an income due to spinal headaches from a screw tearing my spinal membrane; there is no cure only pain management. If my soon to be ex retires, which he threatens to do in order not to pay child support or maintenance, will I have to pay him even though at present my income is $30,000 less and I will never earn any more and he can? He is a healthy 45 year old with special training in OSHA and other area in relations to police work being he is a high ranking NYS Trooper.
The marriage ended due to his long term affair with a civilian employee at NYS Police Division Headquarters.

Well Troopers are human too. They have affairs in addition to faking evidence and lying under oath.

[Bali Hai]

Originally Posted by Ohiogal

Okay.



Okay.



That is nice.


He may not have to pay you spousal support but if the two of you have minor children then he WILL have to financially support them. Especially at his age. And you can argue to have his income imputed. Retirement at his age would be considered a voluntary unemployment.

\

If he retires he will draw a pension correct? So you have disability income (is your child/ren receiving disability due to your disability?) and he would have retirement income.



Okay. So he can work. Choosing not to is NOT the same as not being ABLE to. He won't get out of child support.



Irrelevant.

Most CS cops retire after 20 years due to the stress of the job. If that was his plan (and this woman knowing full well that was his plan, so it was THEIR plan) and his income would be reduced by half (for instance) why should he pay child support based on his full income?

This woman isn't even divorced yet and she is opening a bank account to receive alimony payments?

[Gracie3787]

Originally Posted by Bali Hai

Most CS cops retire after 20 years due to the stress of the job. If that was his plan (and this woman knowing full well that was his plan, so it was THEIR plan) and his income would be reduced by half (for instance) why should he pay child support based on his full income?

This woman isn't even divorced yet and she is opening a bank account to receive alimony payments?

The Law requires that CS be based on actual or imputed income, even if it is true that thier plans were for him to retire, it's extremely doubtful that thier plans also included a divorce or the wife's disability.

Of course, she has every right to request alimony if the law allows for that, especially given her disabilty.

We all know that you are very disillusioned with the unfairness of the court system, so am I, but that doesn't give either one of us the right to automatically assume that every case is unfair.

[Bali Hai]

Originally Posted by Gracie3787

The Law requires that CS be based on actual or imputed income, even if it is true that thier plans were for him to retire, it's extremely doubtful that thier plans also included a divorce or the wife's disability.

Of course, she has every right to request alimony if the law allows for that, especially given her disabilty.

We all know that you are very disillusioned with the unfairness of the court system, so am I, but that doesn't give either one of us the right to automatically assume that every case is unfair.

Well you know Gracie, in the past I ASSUMED that police, courts, judges and elected officials had the best interests of individuals in mind when dealing with the public. How could these people be anything but fair I thought. I was brought up to think this way. How stupid and brainwashed I was.

That was a long time ago and I am now seeing things as they really are.