Does a legally disabled spouse have to submit to be re-evaluated by a vocational expert to receive spousal support?

UPDATED: Sep 30, 2022

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Does a legally disabled spouse have to submit to be re-evaluated by a vocational expert to receive spousal support?

I have been receiving SSI Disability since 2015. My spouse deserted our marital

home and our marriage without any notice and took a job promotion out of state.

My spouse makes approximately $90,000 a year with the federal government. I get $8,200 a year in disability payments. We have been married for approximately 7 years. My spouse’s attorney is trying to have me agree to see a vocational expert. I don’t think I can made to see this expert when I am already declared legally disabled by SSA? I am suspicious because my spouses attorney wants me to see an expert from his town where he practices law and has used before for favorable

outcomes of his previous clients?

Asked on January 11, 2017 under Family Law, Virginia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You really should get a lawyer to help you with this since your disability is in question and also since your husband has an attorney. As money is an issue for you, check to see if you qualify for representation by legal aid or if there is a law school nearby to where you live since most of them run free/low cost legal clinics. Additionally, you can contact your county/state bar association which may have a list of attorneys who will take your case for free or at least for a reduced fee based on your income. Finally, contact the Department of Social Services or google local women's support groups in your area, they may be able to refer you to inexpensive legal services.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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