Can I get support from my husband if he gets disability? 18 Answers as of August 15, 2011

Can I get support from my husband if he's on disability

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
Depending on the type of disability he is getting, you may be able to get something. There are sometimes a supplement for children that can be claimed.
Answer Applies to: Connecticut
Replied: 8/11/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Support for what? Disability is used in calculating child support. It may be used in calculating spousal support but that is a difficult topic in and of itself. The fact he is disable severely cuts down on assets you can get.
Answer Applies to: Texas
Replied: 8/11/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
Probably not.
Answer Applies to: Alabama
Replied: 8/8/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
Spousal support is primarily based on one spouse's need and the other spouse's ability to pay.
Answer Applies to: Washington
Replied: 8/5/2011
Law Office of James Lentz
Law Office of James Lentz | James Lentz
If he is on SSD support is provided to the residential parent of children, which many times is more than child support ordered. Please contact the Social Security Administration and a local domestic relations attorney for further information.
Answer Applies to: Ohio
Replied: 8/3/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It would be extremely unlikely for a court to award spousal support from a person who is surviving only on a disability income.
    Answer Applies to: Minnesota
    Replied: 8/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe, depending on many details you did not provide.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Answer Applies to: Connecticut
    Replied: 8/3/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If his disability income is higher than your potential income, then he might still be ordered to pay spousal support. If there is a child, he would normally have a child support obligation based on his disability income, though at least if he is on Social Security disability, the child benefit based on his disability might cover that.
    Answer Applies to: Washington
    Replied: 8/3/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. Disability payments are typically considered income when determining whether he has the ability to pay any support.
    Answer Applies to: Oregon
    Replied: 8/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    yes, you can. I can explain it to you. I can help you with this. And I will tell you up front what it will cost to do this for you. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 8/3/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Perhaps, if he receives more than you do from your sources of income.
    Answer Applies to: California
    Replied: 8/3/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    The correct question is not "can you", but "will you". His receipt of disability compensation does not, by itself, relieve him of any legal responsibility to provide family financial support. If you satisfy other requirements concerning need, you might be entitled to some spousal maintenance (alimony) if your husband has sufficient income to meet his own needs and still pay something to you. But, the overall circumstances (including the nature of his disability, the sources and amount of any disability compensation, your income and ability to work, and the availability of other income or resources) will determine whether or not a court will order any financial support to you in connection with a divorce action. The question requires a comparison of your reasonable needs versus his ability to pay and there are no simple rules that apply to answer that question.
    Answer Applies to: Colorado
    Replied: 8/3/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you hire a divorce attorney in your area about all your rights and options, including as to alimony. It may be difficult to obtain it, but you should consult with your lawyer about this matter. Good luck.
    Answer Applies to: Georgia
    Replied: 8/3/2011
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Some kinds of disability payments may be garnished for child support or spousal support; others, such as Social Security Disability, may not. You need to consult an attorney about your specific situation.
    Answer Applies to: Louisiana
    Replied: 8/3/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Maybe. Nevada law on disability-related pensions as property is mixed, but any separate property income source can be considered a source for alimony.
    Answer Applies to: Nevada
    Replied: 8/3/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Support is not based on whether your husband is on disability. It is based on a myriad of factors. The fact that your husband is on disability would not in and of itself mean that you cannot get support, but certainly if he is on disability and it's a low income that would be a factor the judge would consider. You need to discuss the details of your specific situation with an experienced family law attorney in order to determine the viability of a spousal support claim.
    Answer Applies to: Georgia
    Replied: 8/3/2011
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