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SSDI Income/Spousal Support

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1sassy1

Member
What is the name of your state? California

My husband receives Soc. Security Disability (SSDI). He has sole custody of his son and because my husband is disabled, his son also receives benefits from Soc. Sec. as SSDI benefits.

If my husband is ordered to pay is ex Spousal Support, will the court include the income my husband receives for his son from SSDI? We know my husband SSDI income is included but is what he receives for his son included also? It hardly seems fair because he would then be paying part of the benefits paid for the child to the ex but we aren't sure and I can't find anything about this quesiton in the internet.

Does anyone know if a child's SSDI benefits are included as income for Spousal Support if the benefits are paid to the parent on behalf of the child due to the parent's disability?

Also, do the courts take into it into consideration when the spouse asking for SS lives in another state (Texas) where the cost of living is significantly less than California? Obviously her financial needs are less in Texas where just about everything costs less so giving her Spousal Support based on California guidelines when she doesn't live here wouldn't be fair. I know wages are less in Texas but there is a huge cost of living difference. Any ideas on this?
 


nextwife

Senior Member
The child's SS benefits are not income counted for CS or spousal support- it is intended for the support of THAT child, not to be partially taken to support a different child. His child with his ex should ALSO be entitled to SS benefits if dad is disabled..

Is his ex also disabled? Able bodied? Why is she in need of SS? She's only asking NOW? How long were they married?
 

1sassy1

Member
There is only one child. My husband has sole custody of him and he is the child receiving SSDI benefits because my husband is disabled. Mother has not seen him since 2001 due to her own choice once the court ordered monitored visits due to her alcohol issues.

At the time of the final judgment, Mom had apparently gotten sober and was working so the court did not order SS. However, the marriage was 11 years (they've been divorced about 9) so it's a long term marriage so the court has kept jurisdiction. Mom was not a SAHM. She's always worked and has a BS degree in business. In fact, she owned and operated a small business until 1999. This business grossed about $500,000 a year. She had trouble holding a job for awhile due to her alcoholism but went into rehab and has been sober and can hold down a regular job. The court ruled that her problems with alcohol in the past were not sufficient at the time of the judgment to aware her SS because she was working and could work if she chose to stay sober. She has been working steadily since at least 2002, maybe before.

Out of the blue, Mom is now asking for spousal support. We have a hearing in January. She lives in Texas and is working. She currently makes $11 per hour but the cost of living is much less in Texas than in California. My husband makes about $39,000 from SSDI and his disability pension. When she last lived in California (late 2003 or early 2004) she was making $25. per hour and would make at least that much if she again lived in California.

Do you think the court will actualy order SS after they've been apart 9 years? I thougtht SS was rehabilitative but this seems punitative. She's made her own choices for the last 9 years but now she isn't happy that wages are less in Texas so she wants my husband to support her. Will the court look at the differences in the cost of living?

She is court ordered to pay $350 a month is CS and $50 toward arrearages. The money is withheld from her paycheck. She also recently became license as a Pest Control Tech in Texas and we think she has additional income from that but its hard to prove with her in Texas and us in California.

What do you think?
 
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ceara19

Senior Member
There is no reason that a court would award alimony 9 YEARS after the fact. She has proven that she is perfectly able to support herself over the last 9 years. MOM should be the one sending your husband a check every month for child support though.
 

LdiJ

Senior Member
There is no reason that a court would award alimony 9 YEARS after the fact. She has proven that she is perfectly able to support herself over the last 9 years. MOM should be the one sending your husband a check every month for child support though.
I suspect that her motive is an attempt to offset the child support with spousal support. I am surprized she even got an attorney to take the case.
 

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