Legal Question in Family Law in Indiana

Re: Maintenance

Social Security Disability income is treated as regular income the same as wages for child support calculations. If she receives SSI, then such income is ignored. The court must make a determination whether her mental or physical condition prevents her from working to be self-supporting. If she is found by the court to be disabled, then the court will next determine whether she has sufficient income or assets distributed to her to support herself. Occasionally, when one spouse is on social security for a disability, the court finds this spouse disabled but orders little to no maintenance because of the amount of income he or she receives and is budgeted to live on. However, that is not to say that the other spouse never has to pay maintenance in such situations. It depends on the particular circumstances in each case and what the disabled spouse's living expenses are and who has custody of any children.