My ex-wife has been eligible to draw off my Social Security but refuses to do so while collecting alimony.
Meanwhile I am going broke with my alimony payments and she is doing nothing to mitigate my payments by filing for my Social Security benefits.
Do I have any recourse to force her to start drawing off my benefits or otherwise find a way to lower my alimony payments?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.
Where I practice, an individual may file to change their current support obligations, both child support and spousal support, based on a “material change of circumstances.”
The “material change” causing the increase/decrease in income or possible inability to pay could not have existed at the time of the entry of the divorce decree.
In general, the “material change” must be:
2.) must have existed for a certain length of time;
3.) must be reasonably foreseeable to last for some indefinite future period; and
4.) not exist through any “fault” of the individual paying the support, such as quitting one’s job or being fired for insubordination.
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By filing to modify, you may be able to reduce your spousal support obligation or possibly force her to file to draw off your social security. Either way, without a court order, you cannot lower an obligation without a court order.
In addition, you cannot force your spouse to draw off your SSI, and I am unaware if your jurisdiction could force her to make a claim for the same, without a court order.
Further, without a court order reducing your alimony obligation, her ability to draw off SSI may not change the requirement that you still pay her the amount of support ordered, and you will still need to file for a modification.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.