[DoormatNoMore53]

Hello all,

I need some help/advice. Has anyone on permanent SSDI (Social Security Disability) gone through a divorce. Did your SSDI come into play as far as support is concerned? Everything I've researched to date states that SSDI is not considered a marital asset and therefore can not be used to calculate support. However, there are gray areas with reference to the length of the marriage, how long each spouse worked etc... Any experience with this would be very helpful to me. I have listed my back story below for reference if it helps.

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Back Story:
I am currently going though the D process due to my STBXWW having a 3+ year A and after 11 months of false R. S papers were filed on 10/29/2012. We are both 59 and were married for over 38 years. I was hoping to get STBXWW to agree to a dissolution. Unfortunately it was a no go and she has retained an L now trying to fight for support payments. My only income is from SSDI & a small private disability payment. (I've been on permanent disability since 1999 and classified by S.S. as unable to work in any gainful employment). Both of our children are over 21 and emancipated, although my DS (22) is still living with me. He is currently going to school online and not paying any room and board. My STBXWW is able bodied and currently working at a full time job. I am currently not making the mortgage payments on our home, and in fact I'm trying to do what ever I can to stave off foreclosure for as long as I can to be able to put some money away for when I (we) have to move. STBXWW is aware of this and pissed off that I am basically living in our home rent free. BTW, she is staying with friends in an very nice in-law suite and also not paying rent.

There is a lot more to this, but the above is relevant to the current situation regarding the SSDI question.

 

[EleGirl]

Does she bring in more income than you do?

Do you have an attorney?

SSID benefits can't be attached in a divorce. These benefits are payable only to the disabled person and cannot be made part of a divorce settlement. The only garnishments that may be attached to Social Security benefits, including disability benefits, are those by the Federal Government to recover money owed for back taxes, student loans or child support.

Is she trying to get you to agree to paying her money... to get around what the law states? Just do not do it.

 

[DoormatNoMore53]

EleGirl,

Thanks for the reply.

Does she bring in more income than you do?

I don't know this because I don't know what she is making. She got the job the day before she moved out on her own. I do know she is working 10-12 hours a day 6 days a week. If I had to guess, I'd say that her income is about is about $500 a month less than mine. I am waiting for her L to file the income disclosure paperwork with the court.

Do you have an attorney?

Yes I do.

SSID benefits can't be attached in a divorce. These benefits are payable only to the disabled person and cannot be made part of a divorce settlement. The only garnishments that may be attached to Social Security benefits, including disability benefits, are those by the Federal Government to recover money owed for back taxes, student loans or child support.

This is what I've discovered also by researching it online. Unfortunately it seems that SSDI is a real gray area with reference to a long marriage and support. I have also contacted other L's who have told me that it can all come down to the judge that handles the case. Since many do not have experience with dealing with SSDI, some tend to only factor in the differences in income and the length of the M. That is scaring the living hell out of me!

Is she trying to get you to agree to paying her money... to get around what the law states? Just do not do it.

Oh believe me, if it's within my power I will never pay the lying, cheating ***** a dime! On the day I found out she was cheating while I was on the operating table having major surgery not once, but twice, I swore I would never again finance her bad behavior!! Sorry for sounding angry but I've been through a whole year of living hell with this ****ty mess.

 

[EleGirl]

What state do you live in ? CA?

IF it's CA, have you run your numbers through the dissomaster yet? A $500 diff a month should not lead to any spousal support.. or to a very minimal amount.

She is eligivel to draw SS in 4 years. That would come into play as well.

Do the two of you own the house you are living in? Is there equity?

 

[DoormatNoMore53]

What state do you live in ? CA?

Nope, OH

She is eligible to draw SS in 4 years. That would come into play as well.

Good info, thank you. Hopefully the judge will take that into account.

Do the two of you own the house you are living in? Is there equity?

I am the only one on the mortgage for the home. It is currently almost under water - (less than 5K equity). I am working with the servicer on a modification. To be honest, I'm only doing that to buy time, unless of course they come back with some ridiculously low payment offer.

BTW, there are no other assets to speak of other than standard household items. I mean nothing... No insurance policies, IRA's, 401K's, stocks, bonds, hidden back accounts...NOTHING. Other than my SSDI & the small private disability I get, there just isn't anything to fight over. That's why it's such a shame that STBX is falling prey to a greedy L just wanting to get money from her. Then again, in hind sight, she's always been pretty stupid so why should this be any different.

 

[EleGirl]

Unless your SSID and private disability are pretty high in compared to her income, she's being very foolish.

Have you pointed out to her that she's not getting anything? So all the two of you will get out of this are huge legal fees? If you have not you might want to write it put and show her. Don't tell her. give it to her on paper so she has time to think about it.

Has your attorney sent a letter to the other yet explaining that there is not even money enough to pay his fee?

Most states use an alimony formul similar to the 40/50 formula...

A = 40% of the gross income of the higher paid spouse
B = 50% of teh gross income of the lower paid spouse

A - B = spousal support.

This will usually come out to a higher figure than what the court would come up with. but it's a good rule of tumb.

 

[DoormatNoMore53]

Have you pointed out to her that she's not getting anything? So all the two of you will get out of this are huge legal fees? If you have not you might want to write it put and show her. Don't tell her. give it to her on paper so she has time to think about it.

Has your attorney sent a letter to the other yet explaining that there is not even money enough to pay his fee?

Yep and Yep! I'm sure you've heard this all before as it seems to be the same old song with many waywards. They have their heads so far up their asses that no amount of sane dialog will get through to them. My STBX now considers herself the victim in all of this and is unfortunately receiving horrible advice from some of her family and friends. She maybe even receiving financial assistance for her L. I just don't know. What I do know is that most of them are not aware of the whole truth, so I'm assuming that they are offering that advice as if she is in fact the victim. The lawyer she has retained is only out to make a buck so he will go through the process in hopes of padding his fee no matter how much of a lost cause it is. All I can do I guess is wait and hope that the system doesn't give me a pork job due to the judge having a bad day when our case comes up for review.

 

[EleGirl]

Yep and Yep! I'm sure you've heard this all before as it seems to be the same old song with many waywards. They have their heads so far up their asses that no amount of sane dialog will get through to them. My STBX now considers herself the victim in all of this and is unfortunately receiving horrible advice from some of her family and friends. She maybe even receiving financial assistance for her L. I just don't know. What I do know is that most of them are not aware of the whole truth, so I'm assuming that they are offering that advice as if she is in fact the victim. The lawyer she has retained is only out to make a buck so he will go through the process in hopes of padding his fee no matter how much of a lost cause it is. All I can do I guess is wait and hope that the system doesn't give me a pork job due to the judge having a bad day when our case comes up for review.

I've seen this before.

I wish you a sane, level headed judge.