What is the name of your state? Massachusetts
Twelve years ago, a friend of mine, Mark, was married for 8 years during which time he handed his paycheck over to his wife (at the time) every week to pay bills. Sometimes he worked 2 jobs and sometimes lots of overtime. After 8 years she started dating a friend of theirs, and made him leave the home, and filed for divorce. In this same month, his father died and the stress of both caused him to have a heart attack at the age of 37. He was out of work for 6 weeks as a result. During this time there was a court date at which time the judge ordered him to pay what was equal to 1/2 of his net pay from the job he held before his heart attack. Mark informed the judge that he had a heart attack and was not cleared to go back to work. The judge told him that when he was cleared to go back to work he should get a second job to catch up on the payments he was not able to pay in the meantime.
He paid the child support until May of 2000, when he had another heart attack; went back to work too soon; fainted while on a ladder in the hot sun and fell to the ground. Now in addition to his heart condition, he had a bad back, shoulder and hip because of the fall. He applied for social security, and was turned down. The appeals lasted over 2 years. Unable to work, he kept applying. The last time he applied was in 2004, was turned down, appealed, was turned down, and only after getting a lawyer, did he finally win in July of 2006. The judge ordered that he receive disability going back to 2002, because she disagreed with the prior decision, and declared him disabled going back to 2002, as far back as she legally could. In the meantime the Department of Revenue is racking up not only the child support payments, but interest and fees.
I advised him to go to court but he couldn't afford a lawyer and because of his experience the first time he went, he saw it as a lose/lose situation. When he applied for SSD, he gave his daughter's, and ex-wife's info, so that they could also get the benefits, and SSA said they were going to call her to let her know that she could apply for these benefits separately. (His ex-wife has married the friend of theirs, and they both work for the post office, and she brags to Mark's daughter about making $60 an hr overtime.)
Yesterday Mark got a letter from the DOR saying that they were putting a lien on his benefits. Of the 803.00 he gets they were taking half. every month until the $62000 is paid. Again this is for 7 years that Mark was unable to work and his ex-wife knows this. - Can they take half of his check? Is there anything he can do about it?
Is the ex-wife entitled to child support retroactive to 2002 also? Someone at SSA said that this was not retroactive? His daughter turned 18 in September, only 2-3 months after he was accepted for disability.
Any thoughts are appreciated!