ex stopped paying spousal support 3 years ago and is now on disability

[just plain mad]

What is the name of your state? What is the name of your state? NY

I was awarded spousal support and had to make an effort to collect it every week. We have three children and he does not pay child support. I have recently applied to the courts for child support as we have joint custody. I am the custodial parent and I am on disability as well since 1985. The family court awarded me spousal support in 1997. In 1999, he stopped paying me stating he had no more money and then in 2000, went on disabillity for a mental condition. He does have money that he gets working side jobs but refuses to give me or the children any.He is also living in a rent- subsidized apartment and pays only $200 per month. His father pays for his car and insurance. I am certain that he has this money as disposable income to give me the court ordered support. I filed a petition of violation of support since he is 3 years in arrears. I was wondering if he is able to get away with this because he went on disability or am I entitled to go after the arrears and ask for an order of child support. My children are 15 years and younger. I just want what is rightfully mine and the kids. I do get benefits of 50% of his SSD award for the children but this is NOT spousal support. He claims that it is and and he isnt going to give me one cent. Am I right to go after the arrears and the fact that he willfully disobeyed a court order? Your imput will be greatly appreciated.

 

[CombatTN88]

The bottom of this, if he is on disability, he don't have to pay spousal support to you. The government is one whom is paying for his tab.

I am afraid you are out of the luck.

Regards, Combat

 

[just plain mad]

reply to combatTN88

Thankyou combat for your reply and your candor. I don't feel as you do however do to the fact that I know that judges have been known to attach liens and attach garnishments to a persons social security disability. This is a guy who when we separated 7 years ago, stopped paying the mortgage payments and hence we lost the home. The kids and I had no place to go and I was still nice to him. Well, I think enough of his getting away with everything. A father to deny his children food and shelter when he does have the money is a crime in itself. Not to mention to just stop paying on a court ordered spousal suppport because he doesnt feel he has to pay me. This is wrong. If that be the case, then let a judge tell him that its ok to not pay. I also know that judges will not look favorably upon the fact that I have to receive SSI payments and that they would rather see the father tend to responsibilities instead of ignoring and defying them.
Thanks again though for your answer. Have a good one.