Husband to decide maintenance

[Flyaway]

What is the name of your state (only U.S. law)? Il

Going to a settlement conference on Friday. Married 24 yrs..separated another 3. Husband left in 2010. Before he left made 60,000 and 15,000 on side jobs he didn't claim on taxs. I've been on Ssdi since 2007 (tried to return to work in 2011) failed. my Ssdi 1770.00. Since separation he works no overtime and pay is only 42,000. Since he doesn't claim side job on taxs the only way to see how much he really makes is his checking accts (yes I have them) shows he makes over 60,000. Right now I'm getting workcomp weekly of 552.00 however this is temporary and can stop any day. I then would be back at only 1770.00 a month. He does not want a trial so were doing a settlement conference. My attorney asked him to think about how much he thinks he should pay for maintenance. Right now I do not need it but will when w/comp stops. I have no idea what it should be. One atty told me I would be lucky to get 500.00. Being that his checking accounts show deposits over 60,000 don't you think it's fair it should go off this number. I want to be prepared for Friday and this is only one issue of many...thanks

 

[Proserpina]

What is the name of your state (only U.S. law)? Il

Going to a settlement conference on Friday. Married 24 yrs..separated another 3. Husband left in 2010. Before he left made 60,000 and 15,000 on side jobs he didn't claim on taxs. I've been on Ssdi since 2007 (tried to return to work in 2011) failed. my Ssdi 1770.00. Since separation he works no overtime and pay is only 42,000. Since he doesn't claim side job on taxs the only way to see how much he really makes is his checking accts (yes I have them) shows he makes over 60,000. Right now I'm getting workcomp weekly of 552.00 however this is temporary and can stop any day. I then would be back at only 1770.00 a month. He does not want a trial so were doing a settlement conference. My attorney asked him to think about how much he thinks he should pay for maintenance. Right now I do not need it but will when w/comp stops. I have no idea what it should be. One atty told me I would be lucky to get 500.00. Being that his checking accounts show deposits over 60,000 don't you think it's fair it should go off this number. I want to be prepared for Friday and this is only one issue of many...thanks

His bank accounts are not the only factor here. For all you know, it could be regular payments from someone who owed him money. Remember he doesn't have to prove that they're not wages - you have to prove that they are.

You really do NOT need to be in his checking accounts though; even if they're joint accounts you're treading on very shaky ground there.

What I believe is really going to hurt you though is that you were disabled before he left you, and you've been able to cope for 3 years without his support. Even the worker's comp may not help you that much.

This is one where you really need to pay attention to what the local attorneys are saying.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Il

Going to a settlement conference on Friday. Married 24 yrs..separated another 3. Husband left in 2010. Before he left made 60,000 and 15,000 on side jobs he didn't claim on taxs. I've been on Ssdi since 2007 (tried to return to work in 2011) failed. my Ssdi 1770.00. Since separation he works no overtime and pay is only 42,000. Since he doesn't claim side job on taxs the only way to see how much he really makes is his checking accts (yes I have them) shows he makes over 60,000. Right now I'm getting workcomp weekly of 552.00 however this is temporary and can stop any day. I then would be back at only 1770.00 a month. He does not want a trial so were doing a settlement conference. My attorney asked him to think about how much he thinks he should pay for maintenance. Right now I do not need it but will when w/comp stops. I have no idea what it should be. One atty told me I would be lucky to get 500.00. Being that his checking accounts show deposits over 60,000 don't you think it's fair it should go off this number. I want to be prepared for Friday and this is only one issue of many...thanks

so did you sign off on the marital tax returns with him not claiming those funds? If you were disabled and receiving SSDI how are you collecting workman's comp?

 

[Flyaway]

His bank accounts are not the only factor here. For all you know, it could be regular payments from someone who owed him money. Remember he doesn't have to prove that they're not wages - you have to prove that they are.

You really do NOT need to be in his checking accounts though; even if they're joint accounts you're treading on very shaky ground there.

What I believe is really going to hurt you though is that you were disabled before he left you, and you've been able to cope for 3 years without his support. Even the worker's comp may not help you that much.

This is one where you really need to pay attention to what the local attorneys are saying.

His checking acct statements were subpoenaed by my atty. the first year I was not getting w/comp and had to borrow 3000.00 a month to pay marital debt (he did not pay what was court ordered for debt or spousal support) loans documented and papers signed. I'm still having to borrow even with w/comp as I'm paying all debt still plus ins (daughter and self-court ordered but higher now as its cobra) house expenses and living...my atty expenses alone I have to borrow and if I don't they will quit. So far this week I have not gotten my weekly w/comp check so it might have already been stopped. That leaves me with 1770.00 a month and insurance alone over 1000.00. He states in court papers no one owes him money..that he does work side jobs...I'm not trying to rob him blind I only want what's fair and to be able to live. He went out and rented a house twice the amount of our mortgage..is this acceptable?

 

[Proserpina]

His checking acct statements were subpoenaed by my atty. the first year I was not getting w/comp and had to borrow 3000.00 a month to pay marital debt (he did not pay what was court ordered for debt or spousal support) loans documented and papers signed. I'm still having to borrow even with w/comp as I'm paying all debt still plus ins (daughter and self-court ordered but higher now as its cobra) house expenses and living...my atty expenses alone I have to borrow and if I don't they will quit. So far this week I have not gotten my weekly w/comp check so it might have already been stopped. That leaves me with 1770.00 a month and insurance alone over 1000.00. He states in court papers no one owes him money..that he does work side jobs...I'm not trying to rob him blind I only want what's fair and to be able to live. He went out and rented a house twice the amount of our mortgage..is this acceptable?

There are much, much cheaper options than COBRA.

Hang on a sec. Are you now saying he is ALREADY ordered to pay spousal support?

 

[Ohiogal]

OP, you need to go to healthcare.gov and see what type of insurance you can get under the ACA. It will be less than $1k a month. And I am still waiting for my questions to be answered:

Did you sign marital tax returns where he did not claim those side jobs?
How are you getting both workman's comp and social security disability?

 

[Proserpina]

OP should qualify for medicare, too, given the amount of time she's been disabled.

 

[Ohiogal]

OP should qualify for medicare, too, given the amount of time she's been disabled.

If she has been disabled (SSDI) all that time HOW is she receiving worker's compensation? Worker's compensation can only be collected if you WORKED. If you can WORK then you are not disabled.

 

[Proserpina]

If she has been disabled (SSDI) all that time HOW is she receiving worker's compensation? Worker's compensation can only be collected if you WORKED. If you can WORK then you are not disabled.

You can be deemed disabled and still be able to work, if you're on SSDI.

Theoretically I suppose she could have worked a short time and been injured on the job. Clarification from the OP couldn't hurt though.

 

[Flyaway]

You can be deemed disabled and still be able to work, if you're on SSDI.

Theoretically I suppose she could have worked a short time and been injured on the job. Clarification from the OP couldn't hurt though.

Have worked since 1980. Full time..overtime...would return until disability made it impossible..disability due to work injury..did return to work program with ss. Was reinsured in 2012 recieved r did w/comp as temporary payments til supposedly settlement..yet if you've ever been on it before they stop paying when they want trying to make you poor so you will settle. My Styx..was court ordered to pay spousal support in 2010 when I wasn't getting w/comp for 3years only 1740.00 on Ssdi..he paid nothing..nor any marital debt..I borrowed funds to pay it all..and NO I refused to file taxs with him as he would not list side jobs..we were even court ordered to file together and when he wouldn't list I refused and once again he filed solo leaving me with taxs to pay

 

[Flyaway]

What is the name of your state (only U.S. law)? Il

Going to a settlement conference on Friday. Married 24 yrs..separated another 3. Husband left in 2010. Before he left made 60,000 and 15,000 on side jobs he didn't claim on taxs. I've been on Ssdi since 2007 (tried to return to work in 2011) failed. my Ssdi 1770.00. Since separation he works no overtime and pay is only 42,000. Since he doesn't claim side job on taxs the only way to see how much he really makes is his checking accts (yes I have them) shows he makes over 60,000. Right now I'm getting workcomp weekly of 552.00 however this is temporary and can stop any day. I then would be back at only 1770.00 a month. He does not want a trial so were doing a settlement conference. My attorney asked him to think about how much he thinks he should pay for maintenance. Right now I do not need it but will when w/comp stops. I have no idea what it should be. One atty told me I would be lucky to get 500.00. Being that his checking accounts show deposits over 60,000 don't you think it's fair it should go off this number. I want to be prepared for Friday and this is only one issue of many...thanks

It might be better and more helpful to others in the future if you can answer a question without picking a post apart...as you see in the end your questions were answered...although you were hoping I did something wrong with your continuous post about me answering...I didn't..was asking a question..asked for answers/opinions...not everyone is out to harm others..I'm sorry once you attack and found out I did no wrong you still were not able to assist. Leads me to believe you had no intention...you must have been harmed in life and wish it upon others..why not do what forum groups are all about...answer..not judge...

 

[Ladyback1]

It might be better and more helpful to others in the future if you can answer a question without picking a post apart...as you see in the end your questions were answered...although you were hoping I did something wrong with your continuous post about me answering...I didn't..was asking a question..asked for answers/opinions...not everyone is out to harm others..I'm sorry once you attack and found out I did no wrong you still were not able to assist. Leads me to believe you had no intention...you must have been harmed in life and wish it upon others..why not do what forum groups are all about...answer..not judge...

OK...I here's what I'm reading
1) you are/were getting $552/wk for work comp.
2) you are getting $1770/mo SSDI

based on simple math: $552x4=2208 + $1170 + $3378/mo. Is this correct?

Here's my questions:
1) If comp was paying for you to be off of work, where they paying for the medical care for the injury?
2) If you have been on SSDI for 3 years, why are you not covered in full by Medicare for health?
3) If you are in dire financial straits, why have you not looked at the ACA website for affordable health coverage?
4) Have you applied for other assistance: Housing assistance? TANF? Food Stamps? Medicaid? Why not?
5) Is SSDI aware of your status? Is the Work Comp carrier aware of your SSDI status? Before the work comp insurer can settle a claim, they have to do a work up called a Medicare set aside. Basically that means, a certain amount of your settlement is set aside to reimburse Medicare. You will not get the final amount of any settlement if it is determined a Medicare set aside is needed
6) Work comp cannot be just stopped without a good reason. Have you exceeded the amount of weeks you can collect temp partial disability or temp total disability (by state statute, there usually is a number of weeks you can collect, as least in some states).
7) I believe the cap for income for SSDI/SSI is $1070/mo. So, you seem to be actually double dipping. And that is a no-no is some jurisdictions. I'm unsure if your work comp payments would count towards the cap. Where you aware of the cap? Do you have an attorney for your work comp claim and/or your SSDI claim? If not, you may need one.

Your income should be considered in any support order. And you will most likely need the answers to at least some of the above questions.

 

[Flyaway]

OK...I here's what I'm reading
1) you are/were getting $552/wk for work comp.
2) you are getting $1770/mo SSDI

based on simple math: $552x4=2208 + $1170 + $3378/mo. Is this correct?

Here's my questions:
1) If comp was paying for you to be off of work, where they paying for the medical care for the injury?
2) If you have been on SSDI for 3 years, why are you not covered in full by Medicare for health?
3) If you are in dire financial straits, why have you not looked at the ACA website for affordable health coverage?
4) Have you applied for other assistance: Housing assistance? TANF? Food Stamps? Medicaid? Why not?
5) Is SSDI aware of your status? Is the Work Comp carrier aware of your SSDI status? Before the work comp insurer can settle a claim, they have to do a work up called a Medicare set aside. Basically that means, a certain amount of your settlement is set aside to reimburse Medicare. You will not get the final amount of any settlement if it is determined a Medicare set aside is needed
6) Work comp cannot be just stopped without a good reason. Have you exceeded the amount of weeks you can collect temp partial disability or temp total disability (by state statute, there usually is a number of weeks you can collect, as least in some states).
7) I believe the cap for income for SSDI/SSI is $1070/mo. So, you seem to be actually double dipping. And that is a no-no is some jurisdictions. I'm unsure if your work comp payments would count towards the cap. Where you aware of the cap? Do you have an attorney for your work comp claim and/or your SSDI claim? If not, you may need one.

Your income should be considered in any support order. And you will most likely need the answers to at least some of the above questions.

Seriously...here we go again..assuming the bad but ignoring the question..yet I will answer to put you in your place..,
1) workcomp is SUPPOSE to pay..abviously you have NEVER been on workcomp and know how they work or the games they pay..they by law are suppose to pay my medical but don't until ordered by the court. Some doctors will not continue seeing you unless you pay the bill...out of your own pocket!!!

2) I am covered by Medicare..guess you missed the post where I have to pay for supplements and COURT ordered cobra for my daughter..Obama care is not an option..with all insurance..this..xtra hospital(in there every other month) life ins etc..I'm over a grand a month

3) just answered..abiding by court order

4) when workcomp stops payments as I stated they ALWAYS do..yes I qualify for SNAP..why should I live off the government when my Stbx was court ordered to pay so I wouldn't live in poverty

5) both Ssdi and w/comp are not only aware but have set down and figured out the Medicare set aside account. Being as large as it will be w/comp is asking me to accept a settlement with open medical so they do not have to put millions into that account. So yes unbeknown to you I will get my settlement and all medical issues(workcomp must pay anything Medicare has already paid) that has all been settled

6) I'm in il. Guess you do not know our state does not go by weeks..I've exceeded nothing..they quit paying when they want..it's a game they play..might be the law that they can't without a doctor saying I'm at Mimi but they do anyway..and YES they are penalized..it's their way to force you into settling for less..

7) I have a workcomp attorney and a Ssdi representative..like present my workcomp Ted has ended..it's what you make in a year..not month..so I may make 2000.00 in one month and zero for 6 months

Once again..trying to find fault instead of giving an answer or opinion..guess now your up on il. Workcomp law in il. And how they work..been in the workcomp system on and off since 1994 I'm quite aware of how it all works. If you ever have anyone in il. That needs help let me know..I know the workcomp law..Ssdi..and yes medical set aside account..actually a lot more to the medical set aside if you would like to know..workcomp can pay 1 payment..it can go to you to invest..they can pay yearly..etc..just ask..once again..not hiding anything..your searching for something that's not their.....

 

[Flyaway]

OK...I here's what I'm reading
1) you are/were getting $552/wk for work comp.
2) you are getting $1770/mo SSDI

based on simple math: $552x4=2208 + $1170 + $3378/mo. Is this correct?

Here's my questions:
1) If comp was paying for you to be off of work, where they paying for the medical care for the injury?
2) If you have been on SSDI for 3 years, why are you not covered in full by Medicare for health?
3) If you are in dire financial straits, why have you not looked at the ACA website for affordable health coverage?
4) Have you applied for other assistance: Housing assistance? TANF? Food Stamps? Medicaid? Why not?
5) Is SSDI aware of your status? Is the Work Comp carrier aware of your SSDI status? Before the work comp insurer can settle a claim, they have to do a work up called a Medicare set aside. Basically that means, a certain amount of your settlement is set aside to reimburse Medicare. You will not get the final amount of any settlement if it is determined a Medicare set aside is needed
6) Work comp cannot be just stopped without a good reason. Have you exceeded the amount of weeks you can collect temp partial disability or temp total disability (by state statute, there usually is a number of weeks you can collect, as least in some states).
7) I believe the cap for income for SSDI/SSI is $1070/mo. So, you seem to be actually double dipping. And that is a no-no is some jurisdictions. I'm unsure if your work comp payments would count towards the cap. Where you aware of the cap? Do you have an attorney for your work comp claim and/or your SSDI claim? If not, you may need one.

Your income should be considered in any support order. And you will most likely need the answers to at least some of the above questions.

So my income today is at 1770.00 a month..original question..not answered..just interrogated..what would be a proper amount for maintenance in il. If ex is making 60,000 plus...thanks in advance to those who respond without attacking....

 

[Proserpina]

OK...I here's what I'm reading
1) you are/were getting $552/wk for work comp.
2) you are getting $1770/mo SSDI

based on simple math: $552x4=2208 + $1170 + $3378/mo. Is this correct?

Here's my questions:
1) If comp was paying for you to be off of work, where they paying for the medical care for the injury?
2) If you have been on SSDI for 3 years, why are you not covered in full by Medicare for health?
3) If you are in dire financial straits, why have you not looked at the ACA website for affordable health coverage?
4) Have you applied for other assistance: Housing assistance? TANF? Food Stamps? Medicaid? Why not?
5) Is SSDI aware of your status? Is the Work Comp carrier aware of your SSDI status? Before the work comp insurer can settle a claim, they have to do a work up called a Medicare set aside. Basically that means, a certain amount of your settlement is set aside to reimburse Medicare. You will not get the final amount of any settlement if it is determined a Medicare set aside is needed
6) Work comp cannot be just stopped without a good reason. Have you exceeded the amount of weeks you can collect temp partial disability or temp total disability (by state statute, there usually is a number of weeks you can collect, as least in some states).
7) I believe the cap for income for SSDI/SSI is $1070/mo. So, you seem to be actually double dipping. And that is a no-no is some jurisdictions. I'm unsure if your work comp payments would count towards the cap. Where you aware of the cap? Do you have an attorney for your work comp claim and/or your SSDI claim? If not, you may need one.

Your income should be considered in any support order. And you will most likely need the answers to at least some of the above questions.

7. Not even close. SSDI is based on work history, obviously, and SSI will only kick in if your SSDI is lower than the State's minimum. The actual SSDI cap is $2500, give or take.