DownHomeGa
recently joined
Reged: 04/13/10
Posts: 7
Loc: Jacksonville, Fl.
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I am new here and and am hoping for some good info.A little about my situation, I have been married 16 years, he moved out the first time at 10 1/2 yr's then repeatedly came back and left again over the next 2 years. I filed for Divorce 2 years ago this past November. I have worked on seldom during the marriage, he wanted me to stay home and take care of the kids, which are no longer in the picture, and the few jobs I did hold during the marriage all ended because of something to do with him. He cheated once that I know of, and was both mentally and physically abusive. I have not worked in over 4 years due to my health issues and have filed for SSI. He makes over $30k a year, lives with his Dad, and his only real expenses are for his car, and I live on food stamps and relatives pay my lights and phone. I am still covered under his Health Insurance at the moment.
We went to mediation recently and nothing was decided but our attorneys are still talking. We are supposed to appear for a hearing Febuary 4th. I am asking for Alimony, which at this point they are making piddly offers that wouldn't even cover my medications and Dr's visits. I would like for him to maintain my Health Insurance, which I have repeatedly asked my Lawyer to look into but which he only did this week. They are telling us that he cannot keep me on the policy after the divorce but could get me coverage under Cobra, but that would be the alimony, I wouldn't get any additional money from him. I don't want accept this as I don't know what my coverages are under Cobra, and it would still leave me in the exact same position I am in now. Is there any chance of a judge awarding me the health insurance and money for Alimony or am I just running in circles? I use a Service Dog and was restricted form driving for most of last year due to my health issues. They started during the marriage and is one of the reasons he left. I'm wondering at this point if I should just drop the Divorce case so that I can stay on his Health Insurance and then if he files I at least will have more time to work on things rather then the couple of weeks I have right now.
Beth :confused:
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spinnerdegrassi
Carpal \'Tunnel
Reged: 08/20/06
Posts: 7956
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If say he makes 36k a year, that's only 3k/month gross, or maybe 2300-2400/month in net. How much alimony do you honestly think you'll get out of that? Maybe a couple of hundred a month.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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Cobra for one person is probably $300+ a month. YOu also have to be very careful because if they call it "alimony" then that amount will be taxable to you.
Your h doesn't make enough to pay you an significant amount of alimony.
Honestly, if i were you, I'd drop the divorce, continue to live seperately, to stay on his health insurance until you see how much your SSDI will be.
Do you have any idea how much it will be?
How much do you receive in food stamps? Who is paying for your current housing?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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Miranda
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Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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There is no way his lawyer is going to let this go so you can stay on his insurance.
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13.1...because I am only half crazy!
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javajunkiee
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Reged: 06/01/08
Posts: 3155
Loc: SC
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" Is there any chance of a judge awarding me the health insurance and money for Alimony or am I just running in circles?"
I'd say that pretty much covers it. You don't say what your illness is, but if you'd qualify for permanent disability I'd say your limited income would be better spent on a disability lawyer than a divorce one.
A word of caution: if you don't pick up the COBRA and you have a lapse in insurance you may have a problem getting reinsured due to a pre-existing condition.
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Marriage doesn't come with a money-back guarantee.
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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She said that she filed for divorce 2 years ago November. My advice is to just stop pursuing the divorce and wait to see if she gets SSDI.
Chances are that her husband will not pursue the divorce either. Or she might buy some time until he does.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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She hasn't worked, she is not going for SSDI, she's going for SSI which would be $600 ish a month max, but will go down if she is collecting alimony.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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They both have lawyers, why would both attorneys just drop it?
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13.1...because I am only half crazy!
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6462
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I don't know if stbx will drop it, but I think DHG should while she's waiting on SSI approval which would also make her eligible for Medicaid.
Out of curiosity, who's kids were they that they are out of the picture already ?
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DownHomeGa
recently joined
Reged: 04/13/10
Posts: 7
Loc: Jacksonville, Fl.
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I am not looking to get much from my stbx, but I already can't afford my Dr's appointments and medications. SSI will get modified by any alimony I receive. The children I signed over due to my health issues, the stbx then signed over his rights because "he couldn't handle them" even though my family and I were helping him as much as we could and he had never helped me when they were with me. The children were actually with my Mother and I when he called the state and told them he didn't want to keep the kids. He still pays for Health Insurance on all 3 children even though he signed over parental rights over 2 years ago, and the insurance is being used. That's part of what ticks me off so bad, he says he can't keep insurance on me after the divorce, but he can sign over the children to the state but keep them on his policy!!??!!??
My Lawyer also has all along brushed off my questions about the insurance. He would not file for a special needs hearing either in all this time, he kept saying Judges won't hear them.
At this point I am serioualy condsidering dropping the whole thing and then if he wants to file he can. I'll be in the exact same position as I am now either way it seems. Penniless and unable to work.
Beth :confused:
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