Legal Question in Family Law in Washington

what to do about husband and ss benefits

HI,

I need to know how much if any back payment (from Social Security. I am on disability and for some reason did not apply for children's benfits until more than 4 years later) I am required to give my husband. We live in the same house but we are sepparated. I know that--name removed--will demand at least half of the money. I have been duped by him at least once out of money.--name removed--tricked me into taking my name off of our home mortgage when--name removed--thought we should refinance. Then I lived away temporarly,--name removed--sold our home and never proved what--name removed--did with the money.--name removed--then bought another home saying that the money from the first one went to paying off debt that we were both responsible for. I believe that some of the money went towards buying the new house. My husband says--name removed--will not divorce me. I think--name removed--does not want to pay alimony or child support. If and when--name removed--finds out I have received a back payment and monthly benefit checks for them,--name removed--will be very demanding.--name removed--is a control freak. If I could I would divorce him and keep his crazy girlfreind from my children. Please help me!!!


Asked on 2/02/07, 2:02 pm

1 Answer from Attorneys

Christopher Steuart IT Forensics, Inc.

Re: what to do about husband and ss benefits

If you want to be divorced from your spouse, you can do it. Property, including money, and debt are to be equitably allocated (what is marital property and debt vs what is separate property and debt would have to be sorted out on the basis of evidence, but all property and debt would be before the court. Significant amounts of money are hard to hide, and the discovery process can get information on that and the property transactions that may make the path the money took clear. Ideally the two of you can arrive at an agreement, but if not the court will sort it out. To calculate child support, all income of both parties is considered, but deviations are allowed for special circumstances considered on a case by case basis.

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Answered on 2/02/07, 3:16 pm


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