Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How is one expected to pay spousal support when the family…

Customer Question
How is one expected to...
How is one expected to pay spousal support when the family budget runs a deficit every month and the total income of the family is from SSDI and Veteran's Disability Compensation? Does the court expect the payer to neglect the current bills being paid?
Submitted: 4 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
12/1/2017
Family Lawyer: P. Simmons, Lawyer replied 4 months ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 36,578
Experience: 16 yrs. of experience including family law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

Ask Your Own Family Law Question
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

I am sorry for this dilemma. But not sure I understand your specific question. Is this a legal question?

Ask Your Own Family Law Question
Customer reply replied 4 months ago
I'm self-representing in divorce/annulment proceedings in Northern California and the family court has ordered, then modified the order to increase spousal support from $500 to $1200 a month. My income is VA Compensation (none in lieu of retired pay) at the total rate and Social Security Disability Insurance (SSDI) at about $1200 a month. I have absolutely no money to pay that. How can they think I'm going to pay this money?
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

I have no idea "how they can think"...that is not a question anyone but the judge can answer...

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Well, what does the law say about this? If a financial statement shows the inability to pay, what happens next?
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

The judge has discretion. And they can consider income from all sources (including VA compensation and SSDI).
So the law on this is clear...the court can order you pay.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that the judge can not consider VA and SS income, but I can only provide you information based on the law so that you can act. le information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

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.

Ask Your Own Family Law Question
Customer reply replied 4 months ago
Thank you for the reply. This issue is very controversial. Will you share with me your reference to the law pertaining to this? I have several responses and my research has been mixed with results. I would appreciate it. Thanks.
Family Lawyer: P. Simmons, Lawyer replied 4 months ago

Sure, the primary reference can be seen here

https://supreme.justia.com/cases/federal/us/481/619/case.html

In this case (Rose v Rose) the US Supreme Court held that va disability compensation CAN be considered by the state courts when determining support payments. This case (decided back in 1987) was a bit of a surprise to many folks, as it was thought that the court would rule that since VA compensation is not subject to garnishment by creditors, that it can not be used to allow a family court judge to issue a support order based on VA Compensation...this case decided that question.

SSDI is treated similarly to VA compensation.

Basically, after the Rose case, state courts were free to consider income from federal benefits like VA compensation for determining support.

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.

Ask Your Own Family Law Question
Was this answer helpful?
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 36,578
36,578 Satisfied Customers
Experience: 16 yrs. of experience including family law.

P. Simmons is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

36,578 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How can I file a temporary spousal support complaint when
How can I file a temporary spousal support complaint when I'm not allowed my atty only is and he will not do it, He has been paid over 25,00 and I cannot afford another lawyer?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,356 satisfied customers
If parties can stipulate a modification of spousal support
If parties can stipulate a modification of spousal support retroactively. Both parties sign a stipulation. Will the judge intervene? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Can my ex wife take me for spousal support? No fault divorce
Can my ex wife take me for spousal support? No fault divorce was final Feb 20th. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I am seeking a divorce with spousal support I have been
Hi i am seeking a divorce with spousal support I have been marrief for 35 yrs Have never worked for more than 7 months and have no income at present we sre renting and there's no property that i know … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
313 satisfied customers
I filed on this issue "terminating spousal support" as an
I filed on this issue "terminating spousal support" as an exparte. However a trial date has been scheduled, but nothing has been heard. Can I take it in again as an Ex parte and have thejudge rule on … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,052 satisfied customers
My spouse is asking for spousal support from me. I am the
My spouse is asking for spousal support from me. I am the breadwinner. He has a history of being a dead beat dad. He tried to open a restaurant and drained all my earnings with it, it failed and he op… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am currently ordered to pay spousal support. I have filed
I am currently ordered to pay spousal support. I have filed in court to terminate spousal support based on the joint bank account she holds with her new boyfriend. In my court filing I put that her sp… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,052 satisfied customers
I have a question about permanent spousal support in
I have a question about permanent spousal support in California. I was married with my ex about 6 years and I received temporary support for last 12 months. Our divorce hasn't finalized yet and it has… read more
socrateaser
socrateaser
1,031 satisfied customers
How do I file a motion requesting financial spousal support
How do I file a motion requesting financial spousal support to my husband who live in our extravagant home, and is making over 6 figure income without divorce Doc from neither of us have been filed. l… read more
Sean K
Sean K
Attorney/Member
JD
429 satisfied customers
Questions on setting writing up a spousal support (alimony)
Questions on setting writing up a spousal support (alimony) waiver prior to getting married in Florida … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
58,052 satisfied customers
My wife is suing me for spousal support. I live in CA, I
My wife is suing me for spousal support. I live in CA, I have access to all her phone records including calls and text messages through TMobile. It appears she is having an affair with someone. There … read more
socrateaser
socrateaser
1,031 satisfied customers
IF I am being sued for spousal support in CA and I have a
IF I am being sued for spousal support in CA and I have a pension through CalSTRS (California State Teachers Retirement System), does that mean I will need a QDRO if the case goes to court? If so, can… read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Can my spouse qualify for spousal support even though we've
Can my spouse qualify for spousal support even though we've only been married 5 years and I make 43k a month? It will be an at fault marriage… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Im at the question for Spousal support and I'm in putting a
Im at the question for Spousal support and I'm in putting a number and it's not accepting it What am I doing wrong … read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,108 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x