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-   -   Divorce, alimony and SSDI (https://www.askmehelpdesk.com/showthread.php?t=566093)

  • Mar 28, 2011, 01:24 PM
    schlescw
    Divorce, alimony and SSDI
    I am currently progressing through a divorce. My spouse receives SSDI and subsequestly so do my two minor children. My spouse is petitioning for child support, maintenance, any extra costs associated with the children including tuition fees, clothing, etc.

    First, generally, how will the maintenance and child support be calculated? My spouse receives about $1500 a month about $1000 and $250 for each child. What costs above child support may I be required to incur? My spouse is also "Fully Disabled" however "works" at home doing the same job that was held before the disability. How does that factor into the equation?

    Second, my spouse has filed in the state of Indiana and only for a Legal Separation. Legal Separation is not recognized in my state (Texas). Can I file for divorce in Texas or am I held to the Indiana court? And if not now, can I wait until the Legal Separation is granted in Indiana and then File for divorce in Texas.

    I haven't gotten a straight answer from a handful of attorneys so far so I was hoping to find someone who has endured a similar situation. Thank you in advance!

  • Aug 21, 2011, 11:53 PM
    Mika68
    I've been searching the web for the same answers about Alimony affecting disability income.
    I can say if your wife is collecting from disability but then still doing the same job she was doing before as you state & getting paid I would definitely make sure your attorney knows this. Also in fact sounds like defrauding the system. Disability insurance is supposed to help disabled people who cannot work due to their disabilities or limitations. (cannot get gainful employment) As for your sons, they collect due to your wife's claim.
    Once they turn of age 18 those child payments stop & she's then getting $1000.00
    Child Support is NOT considered income so she wouldn't need to report that to Disability but if she's working & making MORE than $900-1000.00 a month which is the Allowable amount by disability she can & will have a problem. Disability does allow you to try to go back to work on a trial basis & allows you to make as much as you can up until 9 months. After the 9 months her payments can & will be affected if still employed making income above the limit. AS for family court & their rulings for ALIMONY I'm not sure how her monthly payment will be effected or not, I'm trying to find the same answer.
    The courts will take in consideration somewhat she is getting $$ for the kids but they are your children,therefore you will need to take responsibility to support them & see them through college or whatever their needs are as much as possible. Remember this divorce isn't the kids doing, they love dad as much as mom. Don't let the upset you have for your soon to be ex come between you & your children they're all innocent stuck in the middle. Whatever you decide with alimony is one thing but never let your kids down, they don't deserve that. I've seen too many families use their kids as pawns in a divorce, they suffer & hurt through the process too. Some will blame themselves for mommy & daddy's break up. Assure them you love them & will always be there for them. I divorced my first husband after 3 yrs of marriage & a 2 yr old little girl. 20Yrs later he's still my best friend, we kept things family oriented made sure she had both parents around in a positive setting... Today she's 23 & happy, with both parents supporting her in all her life's adventures. I wish you the best & hope you can find the answer regarding alimony & SSDI.

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