Disability and divorce....

**stinkbug** · 10-15-2010, 12:31 PM

Trying to help a friend.....she is on disability (full) for about 4 years now. She has one minor child at home and is married. She is wanting a divorce. Are her benfits protected? She is convinced he will get part of her benefits??? He is a teacher and has a stable job. Can't seem to find any info, but my google foo isn't that good.
Any one with and knowledge or good search abilities??
Thanks

**Momto5RN** · 10-15-2010, 12:35 PM

is it state disability or awarded due to some sort of an insurance claim .

if its state i cannot imagine they give any to an ex spouse
if its an award from a claim - it may be different.

**stinkbug** · 10-15-2010, 12:56 PM

Disabilty due to multiple medical conditions.....

**xtena** · 10-15-2010, 12:56 PM

It's really a question for an attorney with knowledge of your state's specific laws. If she has no money, check around for free legal services or self-help centers, maybe a women's shelter would be a good place to start asking, they may have lists of low cost or pro bono legal service providers.

It may depend on who gets custody of the child, as child support would likely have to be paid by the noncustodial parent unless physical custody is shared 50/50.

**rissimo** · 10-15-2010, 12:58 PM

Her disability benefits are going to stay with her. The only way that they will go to the spouse is if she passes away.

**stinkbug** · 10-15-2010, 01:24 PM

Yeah...I think she has a really crappy lawyer. She had a REALLY good job when she got disability...so it is substantial. she has this idea that her husband is entitled to part of it??? the child will stay with her. She has tried to divorce him several times, but he always talks her out of it...convincing her that he will get her money?!?!? Her attorney tells her that as long as thier incomes are about equal, he won't. But I think she is misunderstanding him....and there is no alimony in this state and he has a *profession*....and a job. It's a huge mess and she gets scared easily. I was hoping to find some kind of statute or law (on line) that I could refer her to....

**xtena** · 10-15-2010, 01:47 PM

Let me send a big virtual hug to your friend, he sounds like an emotional abuser? Currently in the process of divorcing one of those so I can sympathize.

What state are you/is she in? 'home of the blue turf' is that Kentucky?

Kentucky Divorce Source: State Divorce Laws: Kentucky

Divorce Support - Kentucky Child Support Definitions

The child support section does not exclude disability. If he were to try and get the child...

Don't for a minute 'trust him' even if he says now he agrees that the mother gets the child...many men change their mind and fight for custody just out of spite. Some men fight because they are great fathers and don't want to lose out on fatherhood, and they deserve custody or even 50/50 custody but some lousy fathers also fight for custody just out of spite and to avoid payment. Anyway, he might try and use her disability against her in a custody battle. In that case, and if he were to get more than 50/50 custody, then she might have to pay support. If you are in Kentucky, then yes, it looks like disability benefits are counted as income that she could be ordered to pay support out of.

But fear is no reason to stay in a miserable marriage. If she truly has no chance to reconcile; and most especially if she is abused; physically or even emotionally, she should not allow that fear of having to pay him $$$, to keep her, and her child, in a bad situation.

**stinkbug** · 10-15-2010, 03:32 PM

Not Kentucky.....

But, I just talked to her. Part of her benefit is for her daughter, so she is worried he'll fight so he can get the daughter for the benefit?? Idiot.
Kinda funny, as in this state, father's getting custody is rare. My dd and her dh had to fight for 10 months and spend $$$$ to get his kids from his ex, who is a three time felon and took the kids out of the state against a court order!

**shoiji** · 10-15-2010, 03:43 PM

I do know of someone who had to pay child support while on federal permanent disability.

I hope your friend is getting the support for what she is going through right now. A womans shelter may be able to help her navigate everything that she is currently going through.

If you are talking about SSI or SSD benefits being paid to her husband the answer would be no. Those are her benefits. If she has Federal Disability she can always check the website and/or call and speak with an agent. If her husband files for custody and wins then she would have to pay child support.

This may be part of the confusion with the lawyer. All the more reason to speak with someone from a woman's shelter or something like that. They probably have a lot of experience with this and could help her navigate things.

**xtena** · 10-15-2010, 04:06 PM

Originally Posted by stinkbug

Not Kentucky.....

But, I just talked to her. Part of her benefit is for her daughter, so she is worried he'll fight so he can get the daughter for the benefit?? Idiot.
Kinda funny, as in this state, father's getting custody is rare. My dd and her dh had to fight for 10 months and spend $$$$ to get his kids from his ex, who is a three time felon and took the kids out of the state against a court order!

I guess that's good news for your friend, bad news for your dd and family. Your friend is lucky to have someone like you to help and I hope she has others supporting her as well.