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Spousal Can Now Collect SS, can the amount be deducted from her support

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rperla

Junior Member
What is the name of your state (only U.S. law)? California,
Ex Spouse is now of age to receive SS, even if she does not apply, can the amount she can potentially make be deducted as earnings and subtracted from her support? She has claimed no other income for the last 15 years, she now has a way to collect money from another source besides myself.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California,
Ex Spouse is now of age to receive SS, even if she does not apply, can the amount she can potentially make be deducted as earnings and subtracted from her support? She has claimed no other income for the last 15 years, she now has a way to collect money from another source besides myself.
Why? If she's not getting it, then it's not income.
 

rperla

Junior Member
Why? If she's not getting it, then it's not income.
My question is if she can get it, and she will not get work, isn't this is equal to working? If she would collect this, it is an earning, and as long as I give her support she has no reason to even apply, but it does not seem fair if she continues to make no effort. Although fairness is a misnomer, I am wondering if the court recognizes an ignored potential to get income as any value?
 

HRZ

Senior Member
Lawful not rushing to sign up for a Federal benefit is not work and unlikely to be countable income...even if CA says otherwise ...it's a Federal program and unless your order mandates her to sign up....you are out of luck on your view.
besides she probably increases her payout amount to wait ...and it's a rather tidy incentive to delay.

The way SS math works , it might not be the smartest thing not pay in for 15 years..one needs about 120 " good" counted quarters to make best use of SS...but that has nothing to,do,with a support order.

and working off the books can bite one in fanny if one becomes disabled and is not covered with recent enough work history .

Hey if your order did not impute some earnings capacity to EX earlier its rather late now ....?
 

LdiJ

Senior Member
My question is if she can get it, and she will not get work, isn't this is equal to working? If she would collect this, it is an earning, and as long as I give her support she has no reason to even apply, but it does not seem fair if she continues to make no effort. Although fairness is a misnomer, I am wondering if the court recognizes an ignored potential to get income as any value?
The longer your ex waits to collect SS benefits the higher the benefits she will receive. Unless she has reached full retirement age I cannot imagine that you could prevail in reducing spousal support.
 

rperla

Junior Member
The longer your ex waits to collect SS benefits the higher the benefits she will receive. Unless she has reached full retirement age I cannot imagine that you could prevail in reducing spousal support.
THANKS FOR YOUR RESPONSES, I'm TRYING TO LOOK AT ALL ANGLES
 

HRZ

Senior Member
WHy is she not working or at least a wage consistent with her abilities assigned to her
WAs she ordered to work.?
 

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