Legal Question in Social Security Law in Pennsylvania
estrange wife & disability award from me
I was separated in 2005, after a knee injury and two surgeries and heavily addicted to pain medicine. My wife who was and is working went to SS Court? and was able to have $1200 out of my $2100 check awarded to her each month. (I was not there) She has remained in our home which has been mortgage free for 5 months. She filed for divorce 3 years ago, I responded this last year, but is now dragging it out. I asked my lawyer to petition the court to modify this amount and she has done nothing. I also want to mention our children are raised adults, she also adopted our granddaughter since my son died (2007) so she receives disability for her and the child too. I do not have the ability to work and I am now 58 years. There was a point where she was receiving a cut of my work paid disability but that has ceased. What can/should I do make this right. I need all the money I am awarded. We also need to sell the house and split that in time. She has lived there comfortably since asking me to leave and changed the locks. I need to move on, and need my money. Is she entitled to this and why, if she is working without any dependants?
Where do I go and what do I do to get this ball rolling and get back into court to modify.
1 Answer from Attorneys
Re: estrange wife & disability award from me
You do not have a social security matter. There is no Social Security court or office that can award part of your benefits to your wife.
Your wife went to Domestic Relations and obtained a spousal support Order. You should have been there - you should have appealed to a Master. You need to find a lawyer who will represent you in a Petition to Modify or a Petition to Terminate. In fact, it sounds like you should be asking your wife for spousal support since she is working.
Your divorce lawyer should be answering these questions for you. If she doesn't, call the County Bar Association's Lawyer Referral Service and get 2-3 names of domestic relations lawyers.
Have a good talk with these lawyers about support and property dissolution and your rights, especially since you are disabled and essentially the dependant spouse.
Good luck.
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