Are individual disability policies exempt???

[photoPT]

What is the name of your state?What is the name of your state?What is the name of your state? Florida

The father of the baby I am carrying receives $12,000 a month from an individual disability policy through the Equitable Insurance Company. He was making a great deal of money at his job prior to a bicycling accident over ten years ago after which he quit. He was educated at MIT and taught at Harvard. He is a very smart man in many regards. It seems that he has found a way to outsmart the system, as he would not be considered disabled by anyone's standards.

He claims that he is unable to assist me with prenatal bills and that he probably won't have much in the way of funds towards child support once the baby is born ( he has made some extremely poor bussiness decisions it seems and claims that the majority of this $12,000 is going out each month). He also claims that private disability policies such as this are not garnishable by the state for child support. Is he correct? I have a very hard time thinking that a judge would not order him to use some of this money to assist me in raising the child while I am going to be working my butt off to keep my head above water while he spends his days at the gym and dining out for brunch.

Thank you for your replies.......photoPT

 

[Gracie3787]

What is the name of your state?What is the name of your state?What is the name of your state? Florida

The father of the baby I am carrying receives $12,000 a month from an individual disability policy through the Equitable Insurance Company. He was making a great deal of money at his job prior to a bicycling accident over ten years ago after which he quit. He was educated at MIT and taught at Harvard. He is a very smart man in many regards. It seems that he has found a way to outsmart the system, as he would not be considered disabled by anyone's standards.

He claims that he is unable to assist me with prenatal bills and that he probably won't have much in the way of funds towards child support once the baby is born ( he has made some extremely poor bussiness decisions it seems and claims that the majority of this $12,000 is going out each month). He also claims that private disability policies such as this are not garnishable by the state for child support. Is he correct? I have a very hard time thinking that a judge would not order him to use some of this money to assist me in raising the child while I am going to be working my butt off to keep my head above water while he spends his days at the gym and dining out for brunch.

Thank you for your replies.......photoPT

You need to consult an attorney ASAP. If you cannot afford one, you can check with legal aid.

Yes, virtually all forms of insurance benefits are able to be considered and garnished if need be for CS in Florida. I was just reading about it the other day, but I can't remember what website I was on, sorry. I know that the laws were toughened on this last July, so an attorney will be able to help more than trying to do it yourself.

You won't be able to get any money from the father until the baby is born, and paternity is established by DNA and court order, but if you get the ball rolling now, the court may be able to order retroactive support back to the date of filing.

$12,000.00 a month is ALOT of money, and his child has the right to benefit from his large income, so I hope you follow thru on this.