Can I order my ex husband to continue mental health SSDI claim for child support?

[Proserpina]

For context.

https://forum.freeadvice.com/divorce-separation-annulment-36/husband-wont-list-house-current-market-value-mid-divorce-597167.html

 

[gillbott]

Maybe I should just create a forum focused on divorcing someone mentally ill, given how many situations I've faced with apparently no legal precedence.
I mean seriously, I've only shared two of them here.

Maybe call it Divorce in Crazytown.

 

[QuiGonJinn]

Given your Ex's situation he may end up getting approval for SSI instead, in which case the child support would be terminated and arrears would be suspended.

 

[gillbott]

Why though? He worked as a chemist for almost twenty years, and due to disability hasn't worked in almost four. Hasn't he paid into SSDI? (And thanks for answering)

 

[Proserpina]

Why though? He worked as a chemist for almost twenty years, and due to disability hasn't worked in almost four. Hasn't he paid into SSDI? (And thanks for answering)

It's not that simple.

https://www.ssa.gov/planners/credits.html#&a0=2

 

[gillbott]

He qualifies. He and his brother got really far in the application process, then he left and went to a different part of the state. He knows the name of the psychiatrist he needs to see and even his case number. and keeps backing out. I don't know how "became disabled" is determined though. It's hard to understand.

 

[QuiGonJinn]

He qualifies. He and his brother got really far in the application process, then he left and went to a different part of the state. He knows the name of the psychiatrist he needs to see and even his case number. and keeps backing out. I don't know how "became disabled" is determined though. It's hard to understand.

Disability approval rates are around 30-40%, the people I know on it got in on the 3rd - 5th attempt. Others have multiple attempts and waiting a year or more for appeals then the appeal to an administrative judge. I imagine rates for mental vs physical disability is lower, but I don't recall seeing statistics. I've seen families have multiple kids on disability (for things like allergies) and other people with major physical aliments not get approved because they were able to walk across the room at a evaluation. If I recall the work credit qualifiers are to have worked 5 (5 being full time work years) of the last 10 years. Sounds like you have a year to him to apply again, if some of those years were part time you may be out of that window by now. If the person applying is not co-operating it is going to be uphill battle. From the perspective of getting the other party to help support their child you really need to talk them into pursuing it while they can get it (SSDI). It can be backdated to the disability date, but it is more common to be awarded as of the application date.

 

[Zigner]

To put it plainly for the OP (in case she missed it or simply ignored it: )


Q: Can I order my ex husband to continue mental health SSDI claim for child support?

A: No, nobody can be forced to file or continue a claim for SSDI.

 

[gillbott]

Thank you for the clarification, I almost think he's holding out just so he can't qualify. I think this is his fifth or sixth time applying, always stopping at the psych interview/appointment. My divorce lawyer is going to draft a written request that he return to live with his brother in a different county. He has been looking into advocacy groups to suggest up in the county where he'll be and including them in the letter (is there a more official word? sorry if I've made a mistake there). These advocates work with clients who are clearly disabled but resistant to apply. It's still hard how little he sees anything beyond his immediate situation. But mental illness can do that. Forever will he be the horse led to water.

And for those of you nitpicking at my misuse of words or whatever, just get over it! It's just uncalled for.

 

[Zigner]

Thank you for the clarification, I almost think he's holding out just so he can't qualify. I think this is his fifth or sixth time applying, always stopping at the psych interview/appointment. My divorce lawyer is going to draft a written request that he return to live with his brother in a different county. He has been looking into advocacy groups to suggest up in the county where he'll be and including them in the letter (is there a more official word? sorry if I've made a mistake there). These advocates work with clients who are clearly disabled but resistant to apply. It's still hard how little he sees anything beyond his immediate situation. But mental illness can do that. Forever will he be the horse led to water.

And for those of you nitpicking at my misuse of words or whatever, just get over it! It's just uncalled for.

Why would your attorney do such a thing? It's really way out of line.

 

[gillbott]

He's just looking out for our younger daughter's best interest in regards to her child support. My ex had his portion of our settlement in hand six months ago, spent it all, without putting her portion aside, and just stopped paying. Because he's been calling me a lot, obsessing about things, unable to hold a lucid conversation, stuck on ideas about the environment and toxins...maybe one conversation to several calls and voice mails from him...Both my lawyer and I agree that my ex is trying to communicate to me to help get this started, to help his disability claim become "real" by asking him to finish it in writing. It's too hard to explain. Having it in writing might just make him think, well I guess it's time. And if not, well I guess I've done all I can, legally. Divorcing someone mentally ill has facets unique to the behaviors/beliefs of (in this case) the respondent. I think ours was particularly hard.

 

[gillbott]

I expect many of you to take issue with most of what I just wrote, I apologize in advance...

 

[Proserpina]

He's just looking out for our younger daughter's best interest in regards to her child support. My ex had his portion of our settlement in hand six months ago, spent it all, without putting her portion aside, and just stopped paying. Because he's been calling me a lot, obsessing about things, unable to hold a lucid conversation, stuck on ideas about the environment and toxins...maybe one conversation to several calls and voice mails from him...Both my lawyer and I agree that my ex is trying to communicate to me to help get this started, to help his disability claim become "real" by asking him to finish it in writing. It's too hard to explain. Having it in writing might just make him think, well I guess it's time. And if not, well I guess I've done all I can, legally. Divorcing someone mentally ill has facets unique to the behaviors/beliefs of (in this case) the respondent. I think ours was particularly hard.

Your attorney is also a psychiatrist? Interesting.

But I agree with Zig - that's WAY out of line no matter what you have to tell yourself in order to convince yourself that it's "right".