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  #1  
Old 09-08-2008, 06:33 PM
Junior Member
 
Join Date: Sep 2008
Posts: 1

I became disabled during our marriage


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

Divorced in 2003, my alimony was termed as "renewable term", contingent upon a then pending Social Security application for disability benefits. I became ill during our marriage with Fibromyalgia, Chronic Fatigue Syndrome, and other autoimmune related illnesses. My ex had hired one of the leading experts in NJ on the illness to conduct and IME (independent medical exam), and the doctor's reply was a 5 page report describing just how badly I was disabled, and that I had a very poor diagnosis. Nonetheless, I was badgered and worn down to settle for the alimony as described above.
I had worked for my ex husband prior to my illness, but had never rec'd a paycheck. My application to Social Security was denied, even through all of the appeals. The problem with my disability claim is NOT the state of my health, but with the fact there there are NO FUNDS paid into Social Security on my behalf!
The renewable term is now over, and we are back in court. My ex is very well aware of my illness. We have two children, and I am their custodial parent. Yet, here I am, once again, having to PROVE my illness, and disability with depositions and countless lab tests results and doctor's reports.
My question is: who is actually the authority who deems a person disabled? I have a handicapped placard from the state. I have multiple doctors reports supporting my diagnoses, and confirming my disabled status. The divorce agreement merely states that my "health is to be reviewed to determine the amount and type of spousal support, if any, she shall receive after the conclusion of the aforesaid term." It does not specify how it is to be reviewed, by whom, or who actually can make the final determination.
The judge has allowed him to temporarily suspend the pmt of my alimony until discovery is complete. He has been holding up the discovery by refusing to release documents to me for which he wants to be paid near $1,000 for copies. I think it is unconscionable, especially as I am living on only the $260 p/wk he pays in child support. My house is now in foreclosure as a result.
Help?? Surely there is another authority besides the SSA whose pronouncement of disability is valid. (I am also ineligible for NJ benefits for the same reasons - no wages ever paid in NJ.)
This is a confusing matter, yet I hope I have presented it clearly enough. I have already borrowed thousands of $$ for attorneys, but can no longer afford one. And I cannot get free legal aid because this is a post divorce matter.What is the name of your state (only U.S. law)?
  #2  
Old 09-09-2008, 07:00 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,755
The court in your case will determine if you are disabled for the purposes of spousal support. Present all your evidence and allow them to decide.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 09-09-2008, 10:42 AM
Senior Member
 
Join Date: Jun 2007
Location: Rat Race of New Jersey
Posts: 1,198
What county are you in? I was just in court in January and my Ex was awarded alimony based on his claim of being disabled without having been declared disabled by any authority - he merely had a doctor's note indicating that he was not released to return to work that day!

So I'm surprised that it is an issue for you. If you have recent doctor's reports that label you as disabled, I would think that's enough. Are any of the Dr's willing to be deposed?

What do you mean the judge temporarily suspended payments?! Have you argued this at all? Have you brought to the court's attention that your Ex is stalling? That the home is in foreclosure?
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