ExpertLaw.com Forums

Exaggerated Disability Claims as a Basis for Spousal Support

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 01-19-2017, 12:15 PM
    obsequiouslizard
    Exaggerated Disability Claims as a Basis for Spousal Support
    My question involves a marriage in the state of: Texas
    Going through a divorce from a common-law marriage. The original date is in dispute, however tax records will most likely show that it is over 10 years, about 11 actually. The stb-ex filed for disability back around 2009 because she no longer wanted to work, but still get some type of income. This was against my wishes. I have contested this with her since then. I have never had access to any of the disability money she receives and never benefited from it. We kept separate accounts after she started receiving the disability income with a joint account for transferring money between us (mainly me to her). The entire time she ha been receiving this, she has been volunteering at the school on an almost daily basis for several hours per day, enough for a part time job for sure. To me, this is disability fraud, however she believes she is entitled to this, not for her disability, but just because. In our initial custody case, the judge asked her why she didn't work and she told him she did not want to loose her disability income.

    She is trying to use her disability income as a reason for spousal support. My attorney thinks it is better to let her keep the disability because it will reduce the amount I am required to pay her. I think that if she didn't have it, I would not be required to pay anything at all and would like to turn her in for fraud. I also have several of my family members that would love to turn her in. I have asked them to refrain for now, however it is rather difficult to hold some of them back because of the way she has treated them in the past.

    She is also trying to accuse me of infidelity to receive a disproportionate share of the community property and more spousal support. I never dated or slept with anyone until after our divorce was filed, however she claims to have proof of that. Anything she would have would be made or or just not exist.

    Should I go ahead and turn her in, or at least allow her to be turned in, or should I wait.
  • 01-19-2017, 12:48 PM
    oldsmom
    Re: Divorce
    From what I can see online, disability makes a huge difference in Texas. If an ex is employable, you are probably looking at 5 years of support. However, is the spouse is unemployable, you may have to pay support for life, or until remarriage. You may want to check on this with your attorney.
  • 01-19-2017, 01:32 PM
    llworking
    Re: Divorce
    Quote:

    Quoting oldsmom
    View Post
    From what I can see online, disability makes a huge difference in Texas. If an ex is employable, you are probably looking at 5 years of support. However, is the spouse is unemployable, you may have to pay support for life, or until remarriage. You may want to check on this with your attorney.

    I have no idea if the above is true or not, but I will tell you that it is exceedingly difficult to get SSDI in the first place. They make you go through a rigorous process and its incredibly rare for someone to successfully get disability for fraudulent reasons. Therefore, any attempt to get her disability taken away from her would be unlikely to succeed, and I suspect would cause you to pay MORE alimony rather than less.

    Your attorney has told you to leave it alone...therefore you need to leave it alone.
  • 01-19-2017, 02:05 PM
    oldsmom
    Re: Divorce
    I disagree with llworking. It's not always so cut and dry.

    I am not an attorney, please understand, but I have employed multiple attorneys in a variety of legal situations over the last 20 years.

    Just like any profession, some are more risk adverse than others. And it also depends on your level of risk tolerance. I would recommend talking with your attorney further about the duration of support and the risk you may run. Make sure you are both on the same page about this. Being educated, getting informed, and making sure you understand the possible outcomes is always a good idea.
  • 01-19-2017, 02:19 PM
    Mr. Knowitall
    Re: Divorce
    Quote:

    Quoting obsequiouslizard
    View Post
    She is trying to use her disability income as a reason for spousal support. My attorney thinks it is better to let her keep the disability because it will reduce the amount I am required to pay her. I think that if she didn't have it, I would not be required to pay anything at all and would like to turn her in for fraud.

    The words in there, "My attorney thinks".... Your attorney is the person best situated to advise you about these issues. If you don't trust your attorney, consider switching to a different law firm.
    Quote:

    Quoting obsequiouslizard
    Should I go ahead and turn her in, or at least allow her to be turned in, or should I wait.

    You should follow the advice of your lawyer.

    Your lawyer is warning you that if you succeed, you could end up paying more spousal support. Also, the wheels at the SSA turn very slowly. Your divorce is likely to be long over before they take any action on your complaint, if they even deem it worth investigating. Also, they're not stupid -- if they're getting an avalanche of reports about the same person from her ex-husband and his family, filed during a divorce, they are apt to go into any review based upon the assumption that the reports are vindictive.
    Quote:

    Quoting oldsmom
    View Post
    From what I can see online, disability makes a huge difference in Texas.

    Disability makes a huge difference in every state.
    Quote:

    Quoting oldsmom
    View Post
    I disagree with llworking. It's not always so cut and dry.

    What is "not always so cut and dry"?
    Quote:

    Quoting oldsmom
    I am not an attorney, please understand, but I have employed multiple attorneys in a variety of legal situations over the last 20 years.

    Have you also seen multiple doctors for a variety of medical issues, because I get this strange ache in my shoulder when I raise my arm above my head and....
  • 01-19-2017, 02:31 PM
    obsequiouslizard
    Re: Divorce
    When she received her disability, she went through the same attorney that 5 of her friends went through to all get disability for the exact same thing. They all went to the same dr, had the exact same ailments etc.

    I have been told to leave it alone so I will.Honestly, after the divorce is complete, I could care less what she does. I just don't like that it will affect what I wind up paying her and for how long.

    Thank you.
  • 01-20-2017, 04:42 AM
    jumanji
    Re: Divorce
    Quote:

    Quoting Mr. Knowitall
    View Post
    Have you also seen multiple doctors for a variety of medical issues, because I get this strange ache in my shoulder when I raise my arm above my head and....

    Well geez - then stop doing that! (I got my MD via ER on TV. :D)
  • 01-20-2017, 04:52 AM
    jk
    Re: Divorce
    Are you saying she isn't really disabled and you at least acquiesced to if not were complicit in her disability claims? What do you think a court may say to you being enriched by her benefits and said nary a word that is word while knowing it was a fraudulent claim?
  • 01-20-2017, 05:16 AM
    Mark47n
    Re: Divorce
    Quote:

    Quoting jumanji
    View Post
    Well geez - then stop doing that! (I got my MD via ER on TV. :D)

    Me too! Well, I got my skills in diagnostics from House MD!
  • 01-22-2017, 07:11 PM
    Mercy&Grace
    Re: Divorce
    Quote:

    Quoting jk
    View Post
    Are you saying she isn't really disabled and you at least acquiesced to if not were complicit in her disability claims? What do you think a court may say to you being enriched by her benefits and said nary a word that is word while knowing it was a fraudulent claim?

    jk has a valid point.

    Is she receiving SSI, which is based on income and resources and disability or SSDI which is based on work credits and disability ? "I have never had access to any of the disability money she receives and never benefited from it. We kept separate accounts after she started receiving the disability income with a joint account for transferring money between us (mainly me to her). "

    Is she receiving SSI, which is based on income and resources and disability or SSDI which is based on work credits and disability ? If she is receiving SSDI only, why have a separate account ? Usually a joint account will show up when a search is done is a beneficiary receives SSI. But mistakes happen.

    You did benefit from her receiving disability because there are things she paid for that you did not have to. She has her own health insurance, which also saved you money.

    It is not easy to get disability. Although many people believe it is. There has to be medical and non medical evidence proving the claimant cannot perform SGA working jobs in the national economy. SSA Laws have to be applied to the evidence. There are medical reasons why she may be able to volunteer at the school but not work. She also has to pass routine Continuing Disability Reviews (CDR) proving she is still disabled in order to continue to receive monthly benefits.

    Personally, I believe anyone that is suspected of fraud should be turned into SSA. Why did you not turn her in before now ? Because you were benefitting from her disability.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 02:20 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved