Legal Question in Family Law in California
Can an ex-spouse be my IHSS caregiver living in the home? I live in San Luis Obispo County Ca. My wife is my paid caregiver through IHSS. I do not qualify for several hours due to having an "able and available" spouse and our income is suffering. We are at/near the poverty level. She would like to seek outside part time employment but the additional income would disqualify me from IHSS. If we divorce, can she remain my caregiver, remain living in the home and obtain other employment/income? Due to the VERY personal nature of my needs, I would be to embarrassed to have anyone else care for me. Would a divorce help or hurt our situation? I am not looking to cheat the system and will not do so, I simply want to pay bills
1 Answer from Attorneys
As a former Legal Services attorney I am very familiar with the type of problem you are describing. A divorce would not help. You need to meet with an advisor who has a background in medical benefits including supportive services for the disabled. You should contact the local Area Agency on Aging and HICAP programs.