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alimoney and questions about my disability

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had enough

Junior Member
verdanaWhat is the name of your state?undefinedWhat is the name of your state? I live in Pa. I have been going thru a divorce for almost 2years now,hense my user name. I have had a hearing for alimoney rescheduled 6times because the husbands laywer could not make any of these meetings
.
I am also disabled,and my social security disablility is my only income.
Yesterday I receive a letter from my lawyer with a copy of a letter she received from my husbands lawyer, a interrogatory asking me questions about how often I see my Dr. ,,whats meds I am on. etc. I dont see how any of these questions have anything to do with my divorce. Also what gives this lawyer the right to question my disability..I am really pissed at this.
So my question is,am I missing something,,what does this have to do with my divorce..??thanks :mad:
 


cyana24

Member
I am not a lawyer but If I had to make an educated guess I would say your stbx's lawyer is fishing for for information as to whether you could do perform any work at all without losing your social security benefits. If so, your stbx's lawyer may be able to counter any alimony determination request. I am totally and permenantly disabled, too, and collect SSDI and my ex's lawyer tried to do this as well at our property settlement/alimony meeting.

Are you on SSDI or Supplement Security income? If you are just on SSDI I assuming you have sufficient work credits (as I did), that potentially you could perform some type of work. I am not saying that you could - this is probably what your stbx 's lawyer's motivation for giving you the interogatories.

Have you gone through Social Security's review process yet to determine if you still meet the criteria for receiving benefits? It's a form you and your primary care doctor have to fill out. If you have been recently approved or reapproved for benefits/continuation of benefits, give your stbx's lawyer that form. In my case I had that re-approval form and I also asked my primary care doctor (a physiatrist [rehabilitation specialist]) to write a letter stating that I could not perform any meaningful work.

I personally do not believe you can be compelled to answer in an interogatory those specific, intrusive questions that you stated but your stbx's attorney probably does have an obligation to his/her client to explore any capacity to produce income. What does your lawyer think you should do?
 

VeronicaGia

Senior Member
had enough said:
verdanaWhat is the name of your state?undefinedWhat is the name of your state? I live in Pa. I have been going thru a divorce for almost 2years now,hense my user name. I have had a hearing for alimoney rescheduled 6times because the husbands laywer could not make any of these meetings
.
I am also disabled,and my social security disablility is my only income.
Yesterday I receive a letter from my lawyer with a copy of a letter she received from my husbands lawyer, a interrogatory asking me questions about how often I see my Dr. ,,whats meds I am on. etc. I dont see how any of these questions have anything to do with my divorce. Also what gives this lawyer the right to question my disability..I am really pissed at this.
So my question is,am I missing something,,what does this have to do with my divorce..??thanks :mad:
Because telling someone you are disabled and proving it are two different things. If you are capable of working and simply want to collect alimony so you don't have to, the judge and your soon to be ex need to know that in order to make an accurate determination in your divorce.
 

had enough

Junior Member
alimony and questions about my disability

Hi,
Thanks for your reply. I am just getting straight Social Security ,at the time I did not qualify for SSDI.
i am sure this ass is fishing for information,but he can think again if he thinkis I am going to give it to him. as far as I am concerned he has no right to question my disability. The only people that can do that is the people who came to the determination that I was disabled, and that is the Social Security dept. As far as I am concerned his questions about how often I see a Dr,and the meds I am on have nothing to do with my divorce.

He also wants me to turn over all of my medical and doctor reports to support my claim that I am disabled. Number one any reports are confidential. As far as I am concerned just the fact I am already on disability that is claim enough.
Yes my disability did come up for review last year ,I filled out the paper work and heard nothing back,so i am guessing everything is ok.

Up until the time I became disabled I worked for 26years,so I am sure my STBX realises if I could work ,I would be doing so.

I did not get to talk to my lawyer yet ,as I did not receive the letter until Friday .I did leave 3 very strong VM with her,telling her that I think this is just another stunt on this lawyers side to drag things along.

I did however send my lawyer an email today,telling her,to inform him that I will not be responding to his questions and if he wants to threaten contempt,then do so as I want him to explain to a judge how any of these questions have anything to do with my case.

I also informed her I am considering calling the Bar to report him for trying to discriminate and intimidate me in regards to my disability.
I also informed her that I may also call the American Disabilities Act and inform them of the same.

I told her to talk to him and have him explain to her what any of these questions have to do with my divorce.

And I told her if he insists on doing this,I will hire a forensic accountant to examine my STBX financial history from the time we were married(26years)until the time he filed and I am sure this accountant will find funds that were not accounted for.

I am pissed, as you can tell. This lawyer has been jerking me around for almost 2years and now this,,no this crap stops now.
 

had enough

Junior Member
alimony and questions about my disability

Hi VeronicaG:

As far as I am concerned, the only people who I need to prove I am disabled is the Social Security Admin. if they thought I could work,I would not be getting disability.
My divorce is not a disability case, and if his lawyer has a question about my disability, let him have the balls to go up against the Social Security Admin. not try to intimidate me into giving him answers to stuipid questions so he can pick them apart.

if my soon to be X did not want to pay the alimoney I am entitled to, he should have thought about that before he filed.

I think it is pretty low for anyone to go after someone becuase of a disability,no wonder this country is the way it is..
 

nextwife

Senior Member
had enough said:
Hi VeronicaG:

As far as I am concerned, the only people who I need to prove I am disabled is the Social Security Admin. if they thought I could work,I would not be getting disability.
My divorce is not a disability case, and if his lawyer has a question about my disability, let him have the balls to go up against the Social Security Admin. not try to intimidate me into giving him answers to stuipid questions so he can pick them apart.

if my soon to be X did not want to pay the alimoney I am entitled to, he should have thought about that before he filed.

I think it is pretty low for anyone to go after someone becuase of a disability,no wonder this country is the way it is..

But the attorney's job for his client is to research whether you ARE, in fact "entitled" to that alimony. And only a judge will ultimately decide if you are "entitled".

Is the disabilty the rationale for the alimony?

I doubt he is "going after you because of a disability". He's going after the alimony request!
 

had enough

Junior Member
alimony and questions about my disability

Hi,
My being disabled has never been an issue until now. Even if I was not diabled and I was working,,, I am still entitled to alimoney. I think my X and his laywer has sat down and went over the figures and since my X makes alot of money compared to my social security,my X knows he is going to be paying alot.

My X filed for divorce in Nov of 2003,I guess i find it odd that this has become an issue now.. His lawyer knew from day one I was disabled and also knew what my income was,again it was never even mentioned until now.

The other thing that surprises me,is I have a hearing scheduled for temp alimony, but the questions his lawyer is asking me about is not for the temp alimoney hearing,its for the alimoney that I will get from the settlement.

if a judge sees fit that I am entitled to temp alimoney,and my lawyer is certin the judge will agree to that ,then I dont see how his lawyer can try and claim I am not entitled after the judge has already awarded me temp alimony.

I think the only perpose for my X lawyer sending me these questions is an attempt to prevent me from getting the alimoney I am entitled to.

Alimoney is decided on income, and the life style I was had when I was married,also how long the marriage was(26years) it has nothing to do if I am disabled or not.
 

Tayla

Member
hadenough wrote:"Alimoney is decided on income, and the life style I was had when I was married,also how long the marriage was(26years) it has nothing to do if I am disabled or not."

Disability WILL play a factor in the judges final decision. So YES, the judge has a right to review your medical history thru the interrogatory questionaire.
Alimony was originally brought about to temporarly aid a spouse in regaining the stature of living they became accustomed to during the marriage. With your situation your seeking permanent spousal support in part DUE to your medical condition, thus impeding your employment ability. Makes sense to have the medical documentation to work in your favor for long term financial assistance.
 

nextwife

Senior Member
had enough said:
Up until the time I became disabled I worked for 26years
Also, it appears that your income was one of the factors in creating that lifestyle that you both enjoyed.
 

BrunoS

Member
well, old thread, but yes:

Standard form interrogitories must be answered. it's called discovery. happens usually before a trial or hearing.

If you are claiming disability, and base your request for spousal support on it, then yes, you must provide documentation of this to the court and your ex's attorney. A list of med's and doctor visits, etc, is part of it too.

if you are truly disabled then you have every right to have the court consider all relevant facts.

if your ex was claiming disabled, you too would have right to all the skinny info.

typically, in 26 years marriage (long term after ten years) then most likely some support will be awarded if each partner's income was a huge spread. if it's the roughly same, etc, then most likely no support, especially if both are higher educated, and have marital assets.
 

Bali Hai

Senior Member
BrunoS said:
well, old thread, but yes:

Standard form interrogitories must be answered. it's called discovery. happens usually before a trial or hearing.

If you are claiming disability, and base your request for spousal support on it, then yes, you must provide documentation of this to the court and your ex's attorney. A list of med's and doctor visits, etc, is part of it too.

if you are truly disabled then you have every right to have the court consider all relevant facts.

if your ex was claiming disabled, you too would have right to all the skinny info.

typically, in 26 years marriage (long term after ten years) then most likely some support will be awarded if each partner's income was a huge spread. if it's the roughly same, etc, then most likely no support, especially if both are higher educated, and have marital assets.

Clearly, OP has a problem answering legally asked questions. If her problem persists in the court room, that problem will become OP's.
 

decor04

Junior Member
What are you hiding???

Listen, I am disabled and when I divorced, the exes attorney asked me the same questions. So, if your on the up and up ANSWER THEM!!!! If your ex knows of your disability whats the problem showing records and answering questions?? Also, If you do get SDI and you get Alimony it will reduce or cancel out your social security income. Be Careful or you will bite yourself in the ass. Divoorce is ugly, you are asking for alimony do you think the ex should just take you at your word and pay you. PLEASE, if the shoe was on the other foot you would ask for proof as well. Get over it!!!
 
No need to get worked up...

decor04 said:
Listen, I am disabled and when I divorced, the exes attorney asked me the same questions. So, if your on the up and up ANSWER THEM!!!! If your ex knows of your disability whats the problem showing records and answering questions?? Also, If you do get SDI and you get Alimony it will reduce or cancel out your social security income. Be Careful or you will bite yourself in the ass. Divoorce is ugly, you are asking for alimony do you think the ex should just take you at your word and pay you. PLEASE, if the shoe was on the other foot you would ask for proof as well. Get over it!!!
OP's original post was a year old. I am sure that this has been resoved by now...or at least I would hope! :eek:
 

Bali Hai

Senior Member
Ithildriel said:
OP's original post was a year old. I am sure that this has been resoved by now...or at least I would hope! :eek:
That's resolved.

When there is easy money to be gotten, a year is nothing.
 

sylviat

Member
I'm not saying this is your case, but there are a lot of people out there claiming disability who are not really disabled. They just want a free ride.

Also, some doctors just fill out forms without really going through the right/proper steps saying "Yes, they're disabled" to a certain degree. Hence, the reason why the Social Security Adm. is now sending people to the SSA doctors. I think that's good because now both sides will get the truth and all of those under the table workers will deal with the truth. However, people who are truly disabled will undoubtedly get what's right.
 
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