Is SS Disability/Worker's Comp. Community Property?

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terryinsd

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I live in California, San Diego County

Hello, I hope you can help me. I've been seperated from my husband since December 31, 2007, the divorce was final July 2, 2008.

He is on Social Disability and collects from a Worker's Comp. settlement from Montana. He recently settled for a lump sum of $43,000+. Social Security sent him a letter of overpayment.

His lawyer in turn sent me a letter, along with a copy of the letter from Social Security, and waiver request forms for me to fill out.

He's (lawyer) telling me that; "this debt (the overpayment) is community property that was unknown at the time of the agreement therefore we can either work together to try and have Social Security waive the debt, or I file a motion to set aside the judgment and include the debt and go to trial on all issues." (exact words from letter)

(I agreed that I would not receive Spousal Support if he took responsiblilty for credit cards that are in his name. It was agreed that I would receive a 1992 Cadillac. That a motorhome and motorcycle would be sold and the monies split 50/50.)

The letter goes on: "In either event none of the vehicles can be sold or disposed of without the proceeds being paid to Social Security. I would hope you and R both work together to have the amount (received by both of you during marriage therefore a community debt) set aside. If it is to be collected then both of your Social Security benefits will be affected. Thank you and I'll await your reply. "

I'm 53. I watch my grandkids and do not get paid. I don't draw a check from his Social Security benefits and did not receive any of the "lump sum" money.

I hope you can lend me some answers. I would like to know if I have to fill out these papers or let them take it to court.

Thank you in advance for any help you can give me.
 
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