here's a doosie!!

What is the name of your state?xxx
louisiana

here's my situation: my ex-husband is epileptic. despite this, he held various jobs throughout the duration of our marriage. in december of 2002, he was let go from his job as a cook in a restaurant because his seizures were out of control (he wouldn't comply with his med routine). he did nothing, so i got the paperwork and filed for disability for him- all he had to do was sign. i worked 2 jobs to support our family, being led to believe that once his disability began the retroactive pay would replenish the savings i'd spent on supporting the family. well, we divorced in january of 2004. as of august, he receives $600 a month. plus, the retroactive payment was already sent to him and he says he isn't giving me anything. what can i do legally??

Nothing.

There's no law that says you have to use any portion of your benefits to pay back your spouse, or ex spouse for anything they gave you or did for you (including filling out paperwork).

His benefits are just that... his. To use as he sees fit, and within the SSA's guidelines.

Although there's nothing stopping you from suing him. Judge Judy would kick his butt all over the courtroom.

Unless she was in one of her weird moods and decided to kick your butt all over the courtroom...

If he got his money in August, it's probably gone.

You were married. What each of you brought into the household supported the family ( as Judge Judy would say ). Then She'd say (GET OVER IT) Ms. so & so GOODBYE.

JB_Smith said:

Although there's nothing stopping you from suing him. Judge Judy would kick his butt all over the courtroom.

Unless she was in one of her weird moods and decided to kick your butt all over the courtroom...

If he got his money in August, it's probably gone.

Click to expand...

i was going to sue, if for nothing else for the kids' support from that money. but i was assured we could come to an agreement out of court. joke's on me, i guess!!

MissouriGal said:

Nothing.

There's no law that says you have to use any portion of your benefits to pay back your spouse, or ex spouse for anything they gave you or did for you (including filling out paperwork).

His benefits are just that... his. To use as he sees fit, and within the SSA's guidelines.

Click to expand...

but when i filed on the children's behalf, to get support, they asked for income verification for 2 years prior to make sure, up until he stopped working, that he'd been responsible for st least half the support.

When you filed what on the children's behalf? For child support?

Child support and disability benefits are 2 separate issues. If your ex gets SSD, then the children are entitled to draw off of his record as dependants, and it has nothing to do with child support or how much he supported them during the marriage. Them getting SSD benefits is not the same as child support. If he gets SSI though, there are no dependant benefits for them to draw.

If you file for child support the court or the child support enforcement agency will ask for income for him, yes. That's used to figure his child support amount. And, his benefits may be included in that calculation.