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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> disabled
Feb 07
2010

Ask a Divorce Lawyer: Am I eligible for support payments if I'm disabled living off government checks?

Posted by Matt Allen in spousal support , Jennifer Paine , disabled , Cordell Cordell, PC , Ask A Lawyer , alimony

Question: I have been married for 25 years. I am now considered 100% disabled and am living on a small SSI check, about $300 per month. 

If I divorce, will I be eligible for support payments and such?

 

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Jan 21
2010

Ask A Divorce Lawyer: If one spouse is legally blind, does that assure the other of getting sole custody?

Posted by pmcmahon in sole custody , Parenting , Jennifer Paine , disabled , disability , custody , Cordell Cordell, PC , Ask A Lawyer

Question: 

If one spouse is legally blind and cannot take care of the children by themselves, will the other spouse pretty much be assured of getting sole custody of the children in the divorce?
 

 

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May 04
2009

Ask A Lawyer: Does Disability Affect Custody?

Posted by pmcmahon in Erik Carter , disabled , custody , Cordell Cordell, PC , Ask A Lawyer

Question:

My wife has been a stay at home Mom for 11 years.  I have been disabled for 3 years and my wife has been my caregiver. I know she wants a divorce. She is healthy and has been looking for work.

Can she get custody of my children even though right now she doesn't have a job? Is there any law determining if a person (like myself) is too disabled to safely have the kids for more than one night? I cannot drive, and I use an electric chair to get around and I am highly fatigued all the time.

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Jun 06
2007

Ask a Lawyer: Disabled and under reporting at Social Security

Posted by Dads Divorce in SSI , social , security , Maintenance , FL , disabled , disability , Child Support , benefits , Ask A Lawyer

Question:

I have been approved for SSDI medically but just got declined because SS says I don't have enough quarters reported in the last ten years. I have been involved in running, managing or contributing to the practice for over 12 years...2 year of which I worked full time in the business office as manager until I became disabled. All those years we reported all the income under her (thinking it was like taking money from one pocket and putting it into the other pocket and that the government was still receiving the same total amount in taxes, soc security, etc). Now I find out that I don't have enough quarters reported under my name to get disability benefits even though we both worked the practice. Also, my retirement benefit from soc security is about a third of what hers is. Is there any thing I can do to get proper credit with social security? Any other legal options in our divorce settlement?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Florida. How long have you been married? Generally once you have been married for 10 years you have the right to elect to receive your spousal benefit in lieu of your own retirement, upon divorce. Please verify that information with Social Security. Otherwise, I do not think you have any other options as you are bound by the tax returns that you and your wife signed under oath. As I said above, I suggest you speak to social security regarding your ability to receive an benefits accummulated on your wife's behalf. This does not take away from her ability to collect her benefit.
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