Disability Benifits

I do not believe that a divorce affects disability but I may be mistaken. I do not know a lot about that…

I do know that child support is based on income of both spouses, number of overnights with each parent, insurance and daycare costs. If a spouse is found to be underemployed or unemployed by choice to decrease the amount of child support, the courts can rule by the previous income or by imputing income by what the parent could be making if they were working to their full potential. Please consult an attorney or see if DSS can help.

I was granted disability before my husband left. It did not effect it at all. You should get an amount for you and an amount for your child. I get 1/2 of my amount for my son. I hope that helps on that end.

Your divorce should not affect your disability benefits.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

How will a divorce affect my current SS Disability Benifits and my 10 year old son’s that we already recieve my wife abbandoned us and says she will quit her job before she will pay child support.