Divorce Has been Finalized, Have Some Questions

[goflish]

Question #1

 

Both of my kids receive SSI disability and in our decree my ex allowed me to take over as the primary for SSI. I got their payments direct deposited to my bank account and I had everything switch over to me as the primary.

 

We also agreed in the decree that I would give her 50% of one our kids SSI as long as they both receive the same.

 

It reads: "The Defendant shall recieve 50% of <nameofchild> SSI monthly checks, so long as both children are receiving the same."

 

Now that my divorce is done my lawyer takes a really long time getting back to me with questions that I have. I already asked them about this, however it may be a while before I get a response. I didn't think about this when I first read this, however it sounds like both of their SSI checks have to be the same amounts in order for me to give her that 50%.

 

Their amounts are never the same, they are always off by $15-$20 and I know that may seem trivial. However, I am trying to find out if that means what it appears to mean. At some point their amounts could fluctuate by a lot more than what it is now.

 

We both share 50/50 joint custody with our kids.

 

Question #2

How hard would it be to go back and request that my ex doesn't get any of the SSI? Would I have any ground to stand on now that the divorce is final? I know this might sound greedy on my part, however she makes a lot more money than I do. I also quit college while we were married to become a stay at home dad to our children with special needs and allowed her to finish and get a degree.

 

Am I just **** out of luck now that it is finalized?

[Telemachus]

I know what being a representative payee for SSI is like, with the fluctuating amounts. Just give her half of that one named child's SSI each month, and be done with it. It isn't worth the trouble of doing anything else. This wasn't worded well in your divorce settlement agreement, and that's the problem.

 

As to changing the terms of your settlement, it's expensive and may take months. You're talking about keeping approximately $350 additional per month, if you get this change made. She's likely to object, and you'll spend a whole lot of legal expenses thrashing this out. You'll have to incur those, even if you lose and don't get what you want.

 

My recommendation remains the same: pay her half of that one child's SSI benefit each month, and leave this otherwise alone.

 

If you wanted this in the first place, and your attorney couldn't negotiate it for you, then wait until there's something bigger to go back to court about, and use a different attorney.

 

If you start filing for amended terms over things like this, she may be more likely to re-open this can of worms for some of the things she wanted and didn't get. Just be done with it.

 

It isn't the terms or wording of the divorce decree/settlement agreement that's the problem for you. It's that your marriage failed. Keep focused on that fact.

Edited April 1, 2017 by Telemachus

[Simple Logic]

My interpetation is you must pay 50% of the named childs SSI to your Ex during the period both children receive SSI.

[Mr. Lucky]

If you wanted this in the first place, and your attorney couldn't negotiate it for you, then wait until there's something bigger to go back to court about, and use a different attorney.

 

Had the exact same thought. Look at it as a small dent on your car. If you keep the car long enough, there'll be bigger dents. More cost effective to get them all fixed at once.

 

You may also find the judge would be more sympathetic to your cause if this is part of a larger issue. In other words, patience...

 

Mr. Lucky