Can disability income be used for support payments?

Question Details:

My husband of 30 years walked out. I'm disabled and he is on SSD. Will he have to give me support? He also owns more than a half portion of a piece of property that was acquired during our marriage. Will I be entitled to any portion of the value of that property? I'm scared and concerned and have applied for legal aid, but it will take some time for me to approved for that and I just wonder if I'm going to have any rights at all so that perhaps I can negotiate amicably with my husband?

Asked 12/11/2009 under Divorce, Marriage, Alimony | 328 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Robert Johnston / Law Office of Robert J. Johnston Attorney Answered 2 years ago | Contributor with 0 answers This attorney is licensed in South Carolina

I'm sorry, but a question like yours simply cannot be answered without a whole lot more information. An attorney would need certain information about assets, income, debts, and a few other things in order to properly advise you. I recommend that you call a few Family Law attorneys and allow them to ask you the necessary questions so that they can give you good advise. There really is a lot to these matters and your question cannot be adequately answered without knowing a whole lot more. I wish you well.

Without more information it is hard to give any definitive answer to your question.  However, as a general rule, SSD payments can be used towards support payments.  If they are are not so used, although usually exempt funds, a garnishment can be imposed against SSD income in the case of child support or spousal maintenance.

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