Legal Question in Family Law in New York

Re: Disability and Alimony

The correct question is, what impact will the alimony/support payments have on the person's ability to qualify for disability under SSD or a private plan? This type of financial support is considered 'income' for the purpose of SSD. If the support exceeds the maximum allowable income, then the person does not qualify as 'disabled'.

The language of the agreement/court order/stipulation that established the support payments will help in resolving whether the agreement allows the person to collect the payments while having another source of income.

I can answer you better if you fax the agreement/stipulation/court order to me at: 718-729-2029.

Don't worry - the consultation is free! You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

Re: Disability and Alimony

If a divorced spouse is in jeopardy of becoming a public charge (like welfare) a petition may be filed in Supreme Court or Family Court, for spousal support or maintenance (to either begin or continue). Also, a spouse may be eligible for SSI benefits under a divorced spouse's account which could eliminate the need for continuation of spousal support or maintenance under the Stipulation or Court Order.

You should get information from SSI ("your local Federal Social Security Office") concerning your right to any benefits. And, after getting a Court certified copy of your Stipulation or Divorce Judgment, go to the Family Court Petition office, if your benefits are due to expire.

Good luck.