Can An Ex Wife Draw Social Security

Question:

My ex-wife has been eligible to draw off my Social Security but refuses to do so while collecting pension.

Meanwhile I am going broke with my alimony payments and she is doing nothing to mitigate my payments by filing for my Social Security benefits.

Practice I have any recourse to strength her to outset drawing off my benefits or otherwise find a way to lower my alimony payments?

Answer:

I am unable to requite y'all legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Nebraska divorce laws where I am licensed to practice.

Where I do, an individual may file to modify their electric current back up obligations, both child support and spousal support, based on a "material change of circumstances."

The "material change" causing the increment/subtract in income or possible inability to pay could not have existed at the time of the entry of the divorce decree.

In full general, the "cloth change" must be:

1.) ongoing;

2.) must have existed for a certain length of time;

three.) must be reasonably foreseeable to concluding for some indefinite time to come period; and

4.) not exist through any "fault" of the individual paying the support, such as quitting one's job or beingness fired for insubordination.

Past filing to modify, you may exist able to reduce your spousal support obligation or possibly forcefulness her to file to draw off your social security. Either mode, without a courtroom guild, you cannot lower an obligation without a court club.

In addition, you cannot force your spouse to draw off your SSI, and I am unaware if your jurisdiction could force her to brand a claim for the same, without a courtroom gild.

Further, without a court order reducing your alimony obligation, her power to draw off SSI may non change the requirement that you lot even so pay her the corporeality of support ordered, and you volition still need to file for a modification.

Recall, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.