QUESTION
Is there a way I can see if he is collecting social security, can I collect my spousal support from that and if so what steps do I need to take?
Asked on Oct 17th, 2012 on Divorce - South Carolina
More details to this question:
I was recently divorce after 30 years. I was awarded half of the retirement and 401k. He quit his job moved to Atlanta and received a lump sum of the 401k. He was supposed to pay a certain amount of my attorney fees also. My lawyer wanted payments and informed me to file a show cause.
8 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Go to social security and also meet with your lawyer.
Answered on Oct 23rd, 2012 at 8:32 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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Your attorney is giving you the correct advice. Whether your former husband is collecting SS or not is irrelevant. File the "show cause" (that is a motion or contempt) and start proceedings to collect on the judgment against him.
Answered on Oct 18th, 2012 at 6:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your questions require more information about the actual divorce decree and what that decree required. You need to talk to your attorney to get the answers. But, generally, social security benefits are considered income that is available for payment of spousal support although collection may be more difficult.
Answered on Oct 18th, 2012 at 6:20 PM
Michael Paul Vollandt
Social Security payments is not reachable by writ or wage assignment.
Answered on Oct 18th, 2012 at 6:20 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can't get his social security. You need to file for a hearing.
Answered on Oct 18th, 2012 at 6:00 PM
Steven D. Dunnings
You cannot get spousal support unless it was provided for, or preserved in the Judgment of Divorce.
Answered on Oct 18th, 2012 at 6:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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First of all speak with your attorney. It is possible to get alimony this way, but this is rarely done.
Answered on Oct 18th, 2012 at 5:59 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In South Carolina, there are a few different ways you can go about this. Based upon the language of the final order of divorce, a rule to show cause may be your best option. You should consult with an attorney as soon as possible in regards to this matter.
Answered on Oct 18th, 2012 at 5:58 PM