Legal Question in Family Law in Florida
my fiancee and i have been together for 5 years now and she is still married to her former husband who left her for another woman. she want's to get a divorce so we can get married but here's the snag.
she is on disability and has a payee assigned by social security. Luthren Social Service is her payee and now they will not pay for her divorce even though she has the money in her account to pay for it. they tell her and her case manager that the reason they will not pay for the divorce is that as soon as we are married, i plan to take over as her payee. they have told her case manager that they are afraid that i will take all of her money and will leave her with nothing. they have called me a liar to my face and have even had a no trespass warning put on me by the police. they have also made statements to the effect that i may try to harm my fiancee.
do i have any legal recourse?
does she have any legal recourse to take against them?
her case manager said that i may have a case for defamation of character.
1 Answer from Attorneys
If your friend is not mentally incapacitated, she has the authority to name her payee.