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

[gillbott]

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

My divorce was finalized in 2014. I was granted full legal and physical custody due to my ex husbands severe mental/emotional disabilities. He hasn't been employed for nearly four years, but made his child support payments up to May of this year with his family's money. Upon his father's death, he was given his portion of the divorce settlement, 25k, and spent it in five moths on who knows what. There is money in his account now, but he refuses to pay support with "dirty" money that he doesn't know the origin of. He is currently staying at his mom's. He started a new SDSI claim when he was staying with his brother in a different county. This is the fifth or sixth time he has begun the application -- I understand that he refuses to continue his claim when he gets to the interview part.

Can I serve an order for him to return to that county and finish filing for his SSDI so part of his monthly support can go to child support? I have the case number, and his brother will take him in again.

If so, can it include something to the effect that it is enforceable by local law enforcement and mental health service agencies?
Something like "If respondent refuses to follow this order, local agencies shall have the right to enforce it in any way they deem necessary."
I'm not trying to get him arrested, or even committed for that matter.
I am assuming he won't comply, and don't want to have to take him to court.

Thanks for any advice or input.

 

[Silverplum]

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

My divorce was finalized in 2014. I was granted full legal and physical custody due to my ex husbands severe mental/emotional disabilities. He hasn't been employed for nearly four years, but made his child support payments up to May of this year with his family's money. Upon his father's death, he was given his portion of the divorce settlement, 25k, and spent it in five moths on who knows what. There is money in his account now, but he refuses to pay support with "dirty" money that he doesn't know the origin of. He is currently staying at his mom's. He started a new SDSI claim when he was staying with his brother in a different county. This is the fifth or sixth time he has begun the application -- I understand that he refuses to continue his claim when he gets to the interview part.

Can I serve an order for him to return to that county and finish filing for his SSDI so part of his monthly support can go to child support? I have the case number, and his brother will take him in again.

If so, can it include something to the effect that it is enforceable by local law enforcement and mental health service agencies?
Something like "If respondent refuses to follow this order, local agencies shall have the right to enforce it in any way they deem necessary."
I'm not trying to get him arrested, or even committed for that matter.
I am assuming he won't comply, and don't want to have to take him to court.

Thanks for any advice or input.

Short answer: no.

(I'm pretty much speechless. )

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

We've already done this.

 

[Proserpina]

Short answer: no.

(I'm pretty much speechless. )

You're not alone in that!

 

[gillbott]

We haven't already done this part...That was the part where he wouldn't list the house at it's current market value. Just that part alone cost about 3 or 4k to resolve.

Can I order him to continue SSDI application so child support will continue?

 

[Proserpina]

We haven't already done this part...That was the part where he wouldn't list the house at it's current market value. Just that part alone cost about 3 or 4k to resolve.

Can I order him to continue SSDI application so child support will continue?

You can't order him to do anything at all. Ever. Why do you think you can?

 

[gillbott]

File an order then. I think you know what I meant.

 

[Proserpina]

File an order then. I think you know what I meant.

Then say what you mean. We're not here to guess what you might mean.

What do you want the court to do? March him down to the SSA offices and make him sit for an hour before his number gets called? Not going to happen. The court also cannot independently check the status of his application, either ... not without severely infringing on his rights.

So what do you want?

 

[gillbott]

I've been trying to research this online and can't find anything.
Of course I don't expect anyone to march him down to the office and force him.
I'm just wondering if a person can be asked to finish filing for SSDI to fulfill their CS obligation.

Why are you so contemptuous anyway?

 

[Eekamouse]

I've been trying to research this online and can't find anything.
Of course I don't expect anyone to march him down to the office and force him.
I'm just wondering if a person can be asked to finish filing for SSDI to fulfill their CS obligation.

Why are you so contemptuous anyway?

Why are you thinking you can dictate what your ex does just so you can get your child support? This is so not your business.

 

[Proserpina]

I've been trying to research this online and can't find anything.
Of course I don't expect anyone to march him down to the office and force him.
I'm just wondering if a person can be asked to finish filing for SSDI to fulfill their CS obligation.

Why are you so contemptuous anyway?

Yes, he can be asked to complete the forms. He can be asked to attend the interview. But that's not what you said, and it's not what you meant (I did use the crystal ball that time. Sorry).

You can try to convince a judge that he's deliberately avoiding it just so he can .. well, I have no idea because if he's approved he won't pay child support himself anyway so it's not as if being approved will penalize him financially in any way (though he may be ordered to pay arrears). The flip-side of course is that sooner or later his work credits will no longer be valid for the purposes of SSDI. If he qualifies medically at that point he'll get SSI and you won't see a single red cent of that unless he voluntarily offers you money. The court also will not penalize him if he cannot pay while he's on SSI even if he owes arrears.

And you caught me on my "I'm being extra extra nice to people" day.

Then again, I clearly wasn't the only person who was a wee bit take aback by the initial post. You do understand that, right?

 

[gillbott]

I thought "ordered" meant to officially put something in writing that is legally binding or whatever. I was also wondering if it could include means of being enforced.

"Asked"? that word, in regards to my ex, is a moot point. Besides, if I'd used the word "asked" in my initial post, I'm sure someone would have responded with something along the lines of

"You can ask your ex husband to do anything at all, that doesn't mean it will be legally binding..."

But I'm certainly glad I caught you on a nice day. Better than in 2013 at any rate.

 

[stealth2]

I thought "ordered" meant to officially put something in writing that is legally binding or whatever. I was also wondering if it could include means of being enforced.

"Asked"? that word, in regards to my ex, is a moot point. Besides, if I'd used the word "asked" in my initial post, I'm sure someone would have responded with something along the lines of

"You can ask your ex husband to do anything at all, that doesn't mean it will be legally binding..."

But I'm certainly glad I caught you on a nice day. Better than in 2013 at any rate.

Well, you "thought" wrong. You have no authority to "order" your ex to do anything. Only the court can do that, and it has been explained to you why that will not happen as you would like. You can file against him for contempt, but it will be up to the court to rule on that, as well as what remedies will be ordered. At the end of the day, you can't get blood from a stone. Perhaps his Mom or brother can speak with him about why he is resistant.

Personally, I'd be more concerned that my ex get adequate treatment for his illness so that he and my child could build a relationship. But that's just me.

 

[gillbott]

His entire family and I have been trying to get him to follow through with treatment for years. He adamantly refuses. As far as having a relationship with our daughters, he is perfectly free to. All I've asked is that he get in contact with them and reestablish a relationship, they'd be far more likely to want to see him. Again he refuses and just wants to drop by. They grew up with a psychotic dad; I'm not going to force that they hang out with him at his whim.

Obviously, it was stupid for me to come here expecting anything but judgement and snarky responses from you all.

 

[TheGeekess]

His entire family and I have been trying to get him to follow through with treatment for years. He adamantly refuses. As far as having a relationship with our daughters, he is perfectly free to. All I've asked is that he get in contact with them and reestablish a relationship, they'd be far more likely to want to see him. Again he refuses and just wants to drop by. They grew up with a psychotic dad; I'm not going to force that they hang out with him at his whim.

Obviously, it was good for me to come here expecting anything but blunt and honest responses from you all.

Fixed that for you.

 

[gillbott]

Thanks. You're really funny.