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  #1  
Old 09-21-2004, 11:24 AM
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Join Date: Aug 2004
Location: Central Florida
Posts: 4,718
Question

Is this considered "normal" ?


What is the name of your state?I have a kind of unusual question. My husband's brother and wife are in the process of getting divorced in South Carolina. They have been seperated for 4 1/2 yrs, divorce was filed by him 6 mos. ago.

They have 2 children, daughter age 24, down syndrome (recieves SSI) daughter age 22, (employed). Wife and daughters purchased MH together 8 mos. ago. Wife had cancer years ago, was in remission for 18 yrs, cancer returned, wife in stage 4-very very ill, cannot work.

Mediation held yesterday, my brother in law was upset because their 22 yr old daughter gave a deposition, stating that she wants her Dad to pay her Mom's medical bills.

My question is this- Is it considered "normal" for a grown child of a divorcing couple to be deposed, or have any say in financial matters not related to child support?

Just wondering, would appreciate all input.
  #2  
Old 09-21-2004, 11:29 AM
Soontobedivorce
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Hmm....let me guess I could be wrong


But I am only speaking from my own experiences...okay
Sounds like mother bought mobilehome for her daughters so that her downs sympore daughter could have a place to live and another daughter to take care of her...
But then mother is in cancer and died...hopsital bills can repossess the home from the daughters and it could be that her daughter is very concerned about it and wants dad to help ot on medical bills so that home can be protected especially for downs symp(spelling) daughter? I know one couple who was married, then wife got veryill with cancer so all funds and money had to be transfered to husband after they got divorced so that money willnot be taken away by hospital bills. That really makes sense to me in this way...But then that only happened in myown epxeirences, it could be different for this daughter, ask her why she wants dad to help pay for medical bills???? I would say go for it if it helps protect home for the daughters especially with disablity.
  #3  
Old 09-21-2004, 11:54 AM
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Join Date: Nov 2003
Location: NorCal
Posts: 398
Quote:
Originally Posted by Gracie3787
Wife had cancer years ago, was in remission for 18 yrs, cancer returned, wife in stage 4-very very ill, cannot work.
This has nothing to do with your legal question, but if you are interested, my mother was stage 4 with breast, bone and lymph nodes affected. She changed her diet and her lifestyle and is in remission. Whenever cancer changes it's tactics and comes back, you have to change your tactics too. My mom wrote her journey down in a Word Document (including her discoveries, meds, suppliments, etc.), and if you're interested I can email it to you.

Gryn --> [email]gryndor@juno.com[/email]
  #4  
Old 09-21-2004, 11:57 AM
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Join Date: Jul 2004
Posts: 17,799
Gracie,
Remember, they are still married and he is still responsible for her medical coverage. If she has applied for Social Security Disability, while likely she will get it, Medicare won't start for 29 months after the begining date of the claim which may be prior to the application date, so if she hasn't applied she needs to asap.

Of course an adult child can give a deposition in mediation.

Has she applied for state sponsored Medicaid, they could attach the assets of the MH for repayment although there is usually some exclusion made insofar as home but they could go after the husband's assets other than a home, so perhaps taking care of the medical now would prevent trouble later since he is responsible anyway.

It would be wise for the future of the DD daughter to put the MH in a special needs trust. Also remember her needs will continue after the divorce and her mother's impending divorce and death, which at this point in time with her being at "stage 4". From what you have presented, it might just save everyone a lot of time, money and stress to just drop the divorce and come together as a family for the sake of their special needs daughter, as long as the special needs trust is set up for the DD daughter. Her SSI will convert to SSDI fter her mother's death, that may also change some things. Hopefully mediation can find a middle ground in this situation.
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