Proving disability


#1

I am in the middle of a temp hearing. We signed a consent order for child custody and child support but have to go in front of the judge to determine PSS, inter distrubtion and attorney fees. My exs attorney will not agree to provide PSS to me because they believe I can work and I have a college degree. My exs attorney subponea my medical records bur my attorney ask for a restraint order on my records because of doctor/ patient privelige. Now we went meet the judge next month my attorney has subponead my medical records to prove I can not work. Do the judge really want to see medical records even though I have stayed home with my minor child during the marriage and she is only 3? Why would my disability even be a factor in a temp hearing if I was a stay home mom anyway?
My ex also has alleged that he doesn’t know anything about the credit card debt that is in my name only. This is not true because we charged vacations on these cards. My attorney has asked me to bring statement from DOM until DOS. Will he be responsible for a least half of the debt since I can’t work and waiting on a SSDI hearing? Will he be responsible for my attorney fees since he will not agree to any reasonable offer my attorney has presented?
We each have our own houses that we owned before marriage yet he feels he has martial interest in my property. Is this true? Would it be a even share since I should be entitled to martial interest in his property? All these subponenas and consent orders for a 31 month marriage while I am racking up unnecessary attorneys when I just want out of the marriage. This is just the temporary issues!


#2

Your disability is relevant to your ability to earn and should be considered by the judge. The credit card debt is martial in nature and is subject to distribution, the judge can order this debt to be split at the hearing.

Depending on the circumstances in your case your husband may have a marital interest in your home. Any active increase in value (home improvements, or mortgage principal reduction) that occurred during the marriage create an interest that can be divided. The same goes for his home however.


#3

Does it matter if he is not telling the truth by stating that he was not aware of the credit card debt during the marriage? Since it is a interim Distr. hearing, will the judge order him to pay a monthly amount on the credit card debt until the ED hearing?
IMy home has gone up in value 30k and his house has gone down in value about 40k. Does that mean that he will have interest in my home yet I won’t have any interest in his home because it is upside down? He is currently renting his house out how will that affect our ED? Also, if he is ordered by the judge to in fact pay PSS, how likely will it be that he will also have to pay my attorney fees?
Lastly, if the judge determines I am disabled and not able to work, how will that affect the ED? Will all debts be split 50/50 even though I have no way of paying and my spouse makes 6k a month?


#4

If the credit card was used for martial expenses, the debt is martial in nature.

The judge may order him to make payments on the card, but there is no guarantee that that will be the decision made.

The depreciation in his home is not subject to division, it is a passive decrease in value on separate property just as the increase in value on your home related to market forces is passive and non-divisible.

The rent he receives for his home is included in his income for purposes of calculating support.

The issue of attorney’s fees is also entirely within the judges discretion.

If the judge determines that you are unable to work, that is a factor that can be used in making a determination of property distribution.