Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your ex-husband is working secretly, he is likely defrauding the Federal Government by collecting SSI payments. SSI is designed to assist disabled, old or blind people with little or no income to meet their basic needs for food, clothing and shelter. If your ex-husband's secret income was not disclosed in his application for his SSI benefits, or has not been disclosed to the Social Security Administration since he began to receive it, he is risking criminal prosecution. Unfortunately, SSI cannot be assigned or garnished for Spousal or Child Support, whereas ordinary Social Security benefits can be assigned or garnished pursuant to Section 459 of the Social Security Act). SSI is considered a supplement to income based on need, whereas ordinary Social Security benefits are considered a substitute for income. SSI is funded by general tax revenues, whereas ordinary Social Security benefits are funded by Social Security taxes. If you believe that your husband is working secretly, you (or your attorney) should hire a private investigator to tail your husband to and from work, and hopefully, to observe him working and getting paid), and then you (or your attorney) should subpoena his work and pay records and his employer toa deposition to obtain the facts regarding his employment and compensation, and to the hearing on an Order to Show Cause to establish arrearages due and for an assignment of wages from his employer. You would best retain an experienced Family Law Attorney to represent you and to hire a private investigator on your behalf.
Answer Applies to: California