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  1. #1

    Default 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.

  2. #2
    Join Date
    Dec 2016
    Posts
    172

    Default 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.

  3. #3
    Join Date
    Oct 2006
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    16,474

    Default Re: Divorce

    Quote Quoting oldsmom
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    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.

  4. #4
    Join Date
    Dec 2016
    Posts
    172

    Default 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.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Divorce

    Quote Quoting obsequiouslizard
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    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
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    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....

  6. #6

    Default 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.

  7. #7
    Join Date
    Jun 2010
    Posts
    671

    Default 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. )

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