How Social Security Disability Benefits May Impact Family Law Matters

By William J. Phelan, IV, Esq., Cordell & Cordell Family Law Attorney One of the most notable federal social safety net programs of the past century are the disability benefits programs administered by the Social Security Administration (SSA).

Is My Wife Entitled To My Military Disability?

Question: My wife and I recently divorced. I receive retirement from the Army, which I have no problem giving her half of. I also receive monthly disability from the VA and a social security check for disability. Is she entitled to any of that?

Modifying Arrears Garnished From Social Security Checks

Question: I currently have child support payments garnished from my Social Security checks. I need to have these arrears modified due to cost of living expenses and how burdensome it has become with such a large amount taken from my income.

Modifying Alimony When Ex Is Eligible For Social Security

Question: 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 …

Are Social Security Benefits Subject To Distribution?

Question: I have started collecting social security benefits shortly before we are about to begin divorce proceedings. Is my wife entitled to half, or any portion, of my monthly social security benefits or would it be considered separate property ineligible for property division?

Garnishing Social Security Checks To Pay Back Child Support

Question: I owe back child support payments due to an arrearage building up when my children were younger and I was unable to pay. Recently, the child support agency has notified me of my outstanding balance for past child support obligations, even though my children are in their 40s now. …

Financial Advice On Divorce: Social Security Offset

By Christian D. Barnard Divorce lawyer, Cordell & Cordell A client recently came to me for financial advice on divorce concerning his wife perhaps trying to shield assets through a Social Security Offset. A Social Security Offset is a reduction in the value of pension benefits subject to equitable distribution …

Child Support Laws: Paying Child Support For A Disabled Child

Question: What are the child support laws when supporting a disabled child? My husband is paying a high amount of child support for his disabled child even after the child has reached the age of emancipation and is receiving SSI disability benefits. Is a child support modification in order or …

Divorce and receiving SSI benefits

Question: I currently receive SSI benefits for my disability. If I were to receive alimony or a majority of the assets in our divorce, would that affect the amount of SSI I would receive?

Who pays the debt for the gift that I bought my wife?

Question: My wife and I are going through a divorce. A few years ago, I set up an account and bought my wife a computer using her social security number as a surprise. She now says she will press charges against me if I cannot get the debt removed from …