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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a 7 year old son who was born with a number of birth

Resolved Question:

I have a 7 year old son who was born with a number of birth defects including a bad heart, cleft palette, and others. Me applied for and received SSI payments on his behalf almost immediately. The SSI checks have been direct deposited into my checking account since they began.   
My husband and I divorced 4 years ago and we have joint custody of our son. Since the SSI began I have been writing a check to him for one half of the amount of the SSI each month.
As of last month, the payments stopped. (My son has had several surgeries and has been almost totally cured of all of the problems).
My ex-husband demands that I continue paying him the same amount each month regardless of whether we are still receiving the payments or not. I paid him last month, but I can't afford to keep making the payments.

Is he correct that I still owe him the money or do I only need to pay it if I receive the SSI? Our Divorce Decree does not address this issue at all.
Thank you
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

You were never under an obligation to pay him any of the money unless it was ordered by the court. The fact that you did pay him half was very nice.

However, given that the social security payments have now been stopped, you do not have to pay anything to your ex husband. He is just trying to bully and scare you. You owe him absolutely nothing.

I wish you and your son the best.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug

LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27887
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
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