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lisa707 · Mar 7, 2008, 11:15 AM

My ex husband is currently on soc security disability. He was recently working as part of Social Security's program where you can still get benefits for 6 months while seeing if you can work. He left his job last Friday. He decided this week that he needs to work for the health ins benefits. Currently I get $780 a month for my 2 children under 18 from Social Security. At the time of the divorce, I agreed to take that in lieu of child support because SS was his only income.

Now that he wants to return to work, he wants to sign over his half of my home to me. He wants to do this in lieu of paying child support. I will lose the social security benefits for my children if he returns to work. Does anyone know if this is allowed? Can he not pay child support if he gives me his half of the house. He feels that the me owning the home myself outweighs any child support he can give me. He doesn't seem to get that I am losing $780 a month.

Thanks,
Lisa

stinawords · Mar 7, 2008, 11:47 AM

This as so many other things can only be decided in court. I really don't think him giving you the rest of the house will counter for all support. However, I have head of cases where the judge will take things like this into consideration and he may have a lower amount to pay but not all judges will do it.

JudyKayTee · Mar 7, 2008, 12:12 PM

[QUOTE=lisa707][F] My ex husband is currently on soc security disability. He was recently working as part of Social Security's program where you can still get benefits for 6 months while seeing if you can work. He left his job last Friday. He decided this week that he needs to work for the health ins benefits. Currently I get $780 a month for my 2 children under 18 from Social Security. At the time of the divorce, I agreed to take that in lieu of child support because SS was his only income.

Now that he wants to return to work, he wants to sign over his half of my home to me. He wants to do this in lieu of paying child support. I will lose the social security benefits for my children if he returns to work. Does anyone know if this is allowed? Can he not pay child support if he gives me his half of the house. He feels that the me owning the home myself outweighs any child support he can give me. He doesn't seem to get that I am losing $780 a month.

I wouldn't even consider this without a Court Order - nor should he.

ScottGem · Mar 7, 2008, 12:29 PM

Its possible that the value of the house does make sense for him to do this. But that's not up to him. Support should be court ordered. If his situation changes then either of you can go back to the correct to amend the support agreement.

lisa707 · Mar 7, 2008, 12:36 PM

Right now I am not getting any court ordered child support. All I get is the social security money because he is on 100% SS disability.

ScottGem · Mar 7, 2008, 12:51 PM

Then you aren't protected, You should have formalized the arrangement as part of the divorce.

JudyKayTee · Mar 7, 2008, 01:44 PM

Originally Posted by lisa707

Right now I am not getting any court ordered child support. All I get is the social security money because he is on 100% SS disability.

Technically you do get Court-ordered child support; in NYS (at least) the Court would order that the SS benefit take the place of him paying child support and in every case I've seen the Court would also order that he cooperate to ascertain that those benefits begin and continue - or words to that effect.

As I said - back to Court!

cdad · Mar 7, 2008, 04:27 PM

Have you thought about the offer ? It might be a good one depending on the value of the home and the age of the children. Also you will need to make sure that if he gets nedical benefits so do the children through his job. That must continue no matter what.

lisa707 · Mar 7, 2008, 06:28 PM

I have thought aout the offer. I am waiting on him to find out if he definitely gets his job back. My kids are 22, 18, 15 and 13. I think I'm more worried about how to make up the social security money but I really would love to have my house be MINE! If you know what I mean. Oh and I work full time and carry the health benefits for myself and my children. Thanks for the responses.

Fr_Chuck · Mar 7, 2008, 08:01 PM

Of course what is the 1/2 of the house valued at, and what would be his child support payment if he gets a job.

for example if his 1/2 is valued at 200,000 and he would have to pay 500 a month is one thing, but if his 1/2 is worth 40,000 it may not be worth it, also we are talking about equity value, so if his 1/2 is worth 200,000 but there is 150,000 owed againt it, well that is different also.