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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Family law and divorce. Question about spousal refusal to

Customer Question

Family law and divorce. Question about spousal refusal to qualify for medicaid? separation/divorce? What are the ramifications to a husband who signs? If separated or divorced, how does that affect SSI, SSDI and medicaid application and benefits? What are my options?
The background is, I live in NY. I am a husband who has has wanted to be separated/divorced for over a year and have a wife who is unreasonable about discussing possible solutions. The only reason I have stayed around is that I have two children under age 11. The younger one is autistic and goes to special school nearby. I felt I could and would not leave because I provide everything for them. My daily routine for the past 10 years is: I get kids ready for school, take them to school, go to full time job, come home after 7 and cook them dinner, do homework, give baths, put them to bed. I do the laundry, food shopping, doctor's appointments, parent/teacher conferences, playtime at the park. My wife contributed very little to this parenting and household for many years even though she was capable at that time. My spoken intention was to leave/separate but stay in the same neighborhood and still do the same for my kids but have my own quiet place at night. monetarily it was not feasible to keep two households and I never felt comfortable enough that my wife would be able to handle the children. She has rheumatoid arthritis (and will not take traditional medications) and in the last 2 months has become quite incapacitated and has also been hospitalized for severe anemia. As I saw her health deteriorating and after repeated calls to her family that she and I need assistance, her mother is now helping by living with us. Now wife's family is finally convincing her that she has to apply for disability (which she would never do on her own) and medicaid. The social security caseworker met with us and I explained to her that I have no intention of staying in this marriage, not because of her illness, but because of other Unresolvable issues. Caseworker presented me with a SPOUSAL REFUSAL - Declaration of Legally Responsible Relative Form. I was told that wife would not qualify for medicaid if I did not sign this form. Medicaid would provide home assistance, physical therapist, nurse visit, etc. I make $70,000 a year. She has not worked in the past 10 years and before that she had some part-time jobs.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
If you sign that form and your wife qualifies for Medicaid based on your stated refusal to assist with her medical expenses, there is a very good chance that Medicaid will sue you. You do not want to do that. You earn too much money for your wife to qualify for Medicaid.
SSDI is an option that will not get you in trouble financially and after 24 months she will automatically qualify for Medicare and you won't be sued.
This seems like a very serious situation for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Customer: replied 2 years ago.
Hello Doug thank you for your answer and offer. I will not be accepting offer of live phone discussion because I do not want to continue using the internet platform for these discussions. I posted this question in trying to help someone and I know more information will be needed and I don't have all the facts yet to continue in a discussion with you. Hope you understand. Also I am not that computer savvy to understand how to navigate through online forums and websites and have had second thoughts about this. I do not want to sign up for any subscription. Thank you for your time.
Expert:  LawTalk replied 2 years ago.
Good afternoon,
There is not a problem with your decision not to take a phone call. I understand. Thank you for your kind words. They are appreciated.
Please keep in mind that even though you have already paid your deposit money over to JustAnswer, or you may be a subscriber, until you rate me highly for my service, I will not be paid for having assisted you with your questions.
Thanks again.
I wish you the best,