He's taking me back to court....

iVillage Member
Registered: 06-06-2007
He's taking me back to court....
5
Wed, 06-06-2007 - 3:05pm

Hi all,
I am a newbie here but have been on boards in the past. I have been divorced since Oct, 06. I thought I was out of the woods. I even met a great guy and have been happy for the first time in almost 20 some years. I got a call from ex saying he is taking me back into court to try to see if the judge will make a revision to his alimony payments b/c I won my disability case with SSI. SSI is a disability payment from Social Security that is given to people that prove a disability but never paid into SS from working. He wants the judge to make me take the SSI and get nothing from him. He has an excellent job, makes great money, and I was married for 28 years. I'm thinking he's doing this b/c he knows I am happy and he is not so he wants to f@*k w me. My kids are grown and try to stay out of all of it. Does anyone thing that the judge might go for this? I don't have my legal aid attorney any longer so I am going to court on my own and will try to get it cont. until I can get another attorney. Why do they always have to try to re-nig on their obligations? I can't see a judge taking federal funds away from people that really need it to give it to me when my ex is financially well off and should be paying. This was put in my D papers but I don't think the judge knew what disability program I was trying to go for. Maybe the judge will just update this whole thing and make it so he can't take me back into court anymore and make him responsible for alimony payments for life considering I can't work and I can now prove it which is in my papers too. Anyone's comments on what to do would be greatly appreciated..... My court date is June 8th, 2007.

Thanks, Kat

iVillage Member
Registered: 03-30-2007
Wed, 06-06-2007 - 3:20pm
If your payments from you ex are more than the SSI you will continue to receive the payment from Ex. If his payments are more than $623.00 a month than you can not receive both. IMO you would be better off making him pay so that when you turn 62 you can receive partcial payments from Disability. Or wait until you are 65 and receive full payments from Social Security. Make sure there is a cost of living claus.
You can contact your local SS office to get paper work to help judge make up his mind.
Good luck.
Also, find out if he has a pension, you may be entilted to a portion of it.
iVillage Member
Registered: 06-06-2007
Wed, 06-06-2007 - 3:38pm

Hi,
Thanks for your replay ohearto.
I don't understand what you said about him paying and what I can do at 62 or 65...... What do you mean when you said "cost of living clause" I don't see anyhting relative to that in D papers. I had legal aid attorney and sorry to say he wasn't the "bightest star in the sky" so to speak. In fact he kept telling me through the almost 3 years separation, after the ex filed, that I would be lucky to get $600.00 a month (which I finally got in a temp order) and that I should just settle w/o anything. Ex still has not paid the Oct. payment from 2006 b/c new amount was effective Nov. 1st, 2006. My attorney never even addressed this!!!! I plan on getting a continuance on Friday b/c I didn't get paperwork until last week from his attorney. Thanks for all your help.

Kat

iVillage Member
Registered: 06-06-2007
Wed, 06-06-2007 - 3:43pm
BTW, got the pension papers. He wants to pay me a lump sum NOW I am wondering if I should take that and invest myself or wait for the annuity. I'm concerned about when he might retire b/c he has had many surgeries on both wrists and elbows and he's a laborer.
Thanks kat
iVillage Member
Registered: 03-30-2007
Wed, 06-06-2007 - 5:01pm
Okay, I am not an attorney, so just to let you know, I have been thru alot with my disabled brother. If I were you I would go to your nearest SS office, as they can explain this better. If you receive SSI you can not receive any other money. If a judge decides you ex should pay your support, you would not be under the tough restrictions of SSI.
Also at 62 yrs. old you can get Social Security disability which tends to be more than SSI. If you wait until you are 65 yrs. old to get social security you will be intitled to more money.
If you have the option to get a lump sum payment, and try to get SSI you will have to spend all but I think like, $1200.00 of it before you can qualify for SSI benifits. But if you are getting money for ex than this would not apply.
I would go to the closest Social Security office as they can explain all of this to you.
iVillage Member
Registered: 06-06-2007
Wed, 06-06-2007 - 5:37pm
OK ty ohearto for your advice. I will go to SS office next week to get all paperwork to to the judge. I am going to ask for a continuance on Friday so I can possibly get a lawyer too. Thanks again,,
Kat