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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34068
Experience:  16 yrs. of experience including family law.
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If a man who's on disability and in the middle of a divorce

Customer Question

If a man who's on disability and in the middle of a divorce seeking support from his spouse, would he lose his disability Or he's not able to receive anymore money because he's receiving money for that disability
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Disability income is a needs-based program. In other words, income eligibility

Expert:  P. Simmons replied 1 year ago.

In other words, eligibility is determined by income.

Expert:  P. Simmons replied 1 year ago.

So if the court awards support to an individual that support would be considered income and this could impact their eligibility for disability.

Expert:  P. Simmons replied 1 year ago.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
But if he's already receiving disability, he wouldn't be able to receive support correct
Customer: replied 1 year ago.
However, if he's trying to seek guardianship of the grandchildren then would he be titled to support along with the disability
Expert:  P. Simmons replied 1 year ago.

It is up to the court if he receives support or not.

The court makes this determination based on several factors...but the fact he gets disability will not preclude a court ordering support.

As for the children, if he is awarded custody then he would receive support to help raise the kids.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
If he has a history of domestic violence and has grabbed his spouse twice so will that prevent him from getting support or does the domestic violence have nothing to do with seeking support for himself while on disability
Customer: replied 1 year ago.
Or seeking support if he gets guardianship of the grandchildren
Customer: replied 1 year ago.
Because of his domestic violence
Expert:  P. Simmons replied 1 year ago.

The court can consider his prior domestic violence...and could use that as a basis to refuse to provide support.

Customer: replied 1 year ago.
If he gets guardianship or custody of the grandchildren can the court refuse support based on his domestic violence
Expert:  P. Simmons replied 1 year ago.

No. The court could refuse to give him custody because of the violence. But if awarded custody he will get support to raise the children

Customer: replied 1 year ago.
Her son is the custodial parent of twins which his mother has guardianship. Her son doesn't have custody of the twins and there's no court order. Could the son fight the grandmother for custody of the kids
Customer: replied 1 year ago.
Her son has been in and out of trouble for years but can he do this
Expert:  P. Simmons replied 1 year ago.

Yes. The son can ask the court to give him primary and sole custody.

Customer: replied 1 year ago.
The son doesn't have custody and has been in and out of trouble with the law but grandma has guardianship. Can the son still fight for custody
Expert:  P. Simmons replied 1 year ago.

Yes. He will need to have an attorney help him apply to the court for custody. He can still fight for custody

Customer: replied 1 year ago.
If the grandmother can show the past history of her son which would and could be detrimental to the twins related to his behavior if they were with him. Would that be beneficial to the grandmother getting custody
Expert:  P. Simmons replied 1 year ago.

Yes. That is possible