QUESTION

Will my ex-wife and kid get any of my SSD for back support?

Asked on Aug 20th, 2013 on Divorce - Florida
More details to this question:
My wife and I divorced. She had 401k and I got $5000. I am now trying to get a social security disability.
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4 ANSWERS

Presumably your $5,000 was for property division. I could not advise you without knowing what order the court made about support, which is a separate matter.
Answered on Aug 27th, 2013 at 4:55 AM

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Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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If you are already divorced your SSD income would be your separate property. Now if you owe support arrears then she can get paid from those funds - with some protections.
Answered on Aug 22nd, 2013 at 10:12 AM

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Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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Disability and social security income are considered income for purposes of computing child support. Once you have the income coming in, it subject to a support order. You can seek modification downwards if you are getting less money now if you are disabled. She can seek more money if you are now getting more than when you were prior to your disability income. The support collection unit can go after it too.
Answered on Aug 22nd, 2013 at 9:59 AM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Usually a divorced spouse has no interest in SSD, child, if a minor has a interest. Childs SSD money may be used to reduce your child support.
Answered on Aug 22nd, 2013 at 5:49 AM

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