- Jurisdiction
- Oregon
Hello!
I am asking a question for my girlfriend who is a bit worked up this evening. My GF has been divorced for 5 years. She has 2 childen with her ex-husband. The youngest is a 6 year old that is high on the autism spectrum. They share 50-50 joint custody. Ex-husband isn't a big fan of work, quits or gets fired often, and wants to file for SSI for their disabled child.
My GF pays child support because she made more money than her ex-husband when they divorced -- even though the kids spend 50% time with each parent and they share joint custody.
Ex-husband is filing for SSI for the disabled son, but my GF would like the money to go into a trust fund for her son's needs. Dad wants to file and keep the money for himself. My GF doesn't want him to use the SSI for his own needs and feels the amount should be split so she can set aside her portion into a fund.
She can't stop him from applying. There is no custodial parent the way their divorce decree is written, although the kids are listed at my GF's address for school purposes, if that matters. It seems silly that he could collect child support and solely collect SSI while choosing not to work many hours when she has the children every bit as often as he does.
Is there a way we can compel a split of the disability payments or get it put into a fund? It should be noted that my GF makes too much to qualify for her son's SSI. She also doesn't have her kids more than 50%, so she never considered applying anyway.
Hopefully I provided relevant information. Please let me know if any other details would be useful. Thank you for your time and consideration.
I am asking a question for my girlfriend who is a bit worked up this evening. My GF has been divorced for 5 years. She has 2 childen with her ex-husband. The youngest is a 6 year old that is high on the autism spectrum. They share 50-50 joint custody. Ex-husband isn't a big fan of work, quits or gets fired often, and wants to file for SSI for their disabled child.
My GF pays child support because she made more money than her ex-husband when they divorced -- even though the kids spend 50% time with each parent and they share joint custody.
Ex-husband is filing for SSI for the disabled son, but my GF would like the money to go into a trust fund for her son's needs. Dad wants to file and keep the money for himself. My GF doesn't want him to use the SSI for his own needs and feels the amount should be split so she can set aside her portion into a fund.
She can't stop him from applying. There is no custodial parent the way their divorce decree is written, although the kids are listed at my GF's address for school purposes, if that matters. It seems silly that he could collect child support and solely collect SSI while choosing not to work many hours when she has the children every bit as often as he does.
Is there a way we can compel a split of the disability payments or get it put into a fund? It should be noted that my GF makes too much to qualify for her son's SSI. She also doesn't have her kids more than 50%, so she never considered applying anyway.
Hopefully I provided relevant information. Please let me know if any other details would be useful. Thank you for your time and consideration.