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Payee representative

Discussion in 'Social Security, Disability & Health' started by Just want fair share, Oct 1, 2016.

  1. Just want fair share

    Just want fair share Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    After our divorce my ex became permanently disabled and is now receiving Social Securiy disability which included a large lump sum. Our oldest daughter is the representative payee.

    The divorce decree states:
    -We are to split (50/50) the kids medical and dental costs not covered by insurance. I paid 100% since the divorce so it would not go to collection.
    -My ex was to provide insurance for the children. I had to pay for their insurance and have not received reimbursement for the premiums.
    -Daughters college was to be paid: 1st year (myself), 2nd year (my ex), 3rd & 4th year (1/3 each) I paid her 1st and 2nd year. My daughter and I are splitting 3rd year.
    -I was also awarded spousal support which I have never received any.

    For any of the above can I submit bills/receipts to our daughter (representative payee) for reimbursement or will I need to contact a lawyer? For my daughter's sake I want to make sure it's all legal.
     
  2. army judge

    army judge Super Moderator

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    The maximum payment anyone can receive from SS or SSDI is about $2,650.

    Most people receive about half of that, or less.

    I wouldn't bank on relying on the disability income of anyone to fund college tuition for another person, even a child.

    There is just no there, there.

    As for insurance, minor children are able to receive Medicare, such as it is, which ain't that much.

    Most people on Medicare have additional health insurance.

    Yes, both parents should pay their fair share.

    Unfortunately, your former spouse in unable to assist financially today.

    I suggest you limit your thinking as to what he can and can't pay.

    His SSDI payments can be levied against to honor child support obligations.

    Don't expect the award to be as much as your planning suggests.
     
  3. Just want fair share

    Just want fair share Law Topic Starter New Member

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    My 2 children are not minors, so there is no child support.

    My son works part time pushing grocery carts. That is the only job he has been able to get. The government says he is not disabled because his IQ is 2 points to high.

    My daughter works full time and goes to college full time.

    I work 50 hours a week as a school bus driver. I CAN'T work more because of CDL limits.

    I do not expect my ex to pay for my daughters college. She and I are paying for that by working hard.

    My ex was not disabled when we divorced but I still never received anything from him. He now receives $2200 a month. Because he lives with friends his bills (rent, food, clothing, etc) are $600 a month. Medicaid covers his medical bills. He now has over $35,000 in the bank.

    I'm only asking for reimbursement of some of the money owed me so that I can open a trust fund for my son.

    My original question still remains...

    Can I submit bills/receipts to our daughter (representative payee) for reimbursement or will I need to contact a lawyer? For my daughter's sake I want to make sure it's all legal.
     
  4. army judge

    army judge Super Moderator

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    You can submit whatever you wish.
    He, on the other hand, can choose to ignore your submissions.
    Only a court of law, after due process has run its course, an adjudication of debt, and a judgment has issued can order that he pay you.
    Then, however, you must endeavor to collect upon that judgment.
    Bottom line, if he wasn't ordered to pay it to you via your divorce decree, you aren't going to get it.

    Apparently the man you married cares about himself and his needs more than he does for others.

    As the children aren't minors, he isn't required to pay child support.

    You didn't receive an order for spousal support, so that can't be litigated either, res judicata.

    What you desire probably isn't ever going to happen, even if he hit a lottery for $250,000,000.

    You are free to discuss any further concerns with several local attorneys for a more detailed discussion and analysis of your concerns.

    I wish you all of the best, good luck.
     

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