I have recently read some posts which bring up some issues regarding a spouse on welfare. Rather than muddle up those threads thought I'd start a new one, since I have a few questions.
My fiance's ex left Sept '04. She disappeared for 2-3 months and my fiance and the kids did not know where she was. He finally drafted up an SA and when he tracked her down (late Nov '04) they finalized it.
He retained custody of the children, assumed the mortgage, and assumed all debts. Her name was removed from all of these so she had no responsibility for them. He received no CS, even though he had custody. In return, she received $20k and signed off alll other rights, including equalization.
Once she blew through that money (rather quickly) and lost her job (by not showing up), she went on welfare.
Last spring, he filed divorce papers, she refused and filed an answer for spousal support, claiming that he had assets and she was on welfare. After a few months, lots of $$ fees, and a settlement to her, we are hoping it's finally done.
My questions:
1. Being somewhat familiar with the "social assistance" system, I know that she would be required to make every attempt to obtain support from another source, including SS. I can only assume that she used this agreement to get out of this and stay on welfare. Now that she has received additional support, by challenging the SA, should she be liable to pay back the benefits received? O would he be responsible for this?
2. Our lawyer told us that in order for her not to lose her welfare benefits, that he would have to pay her in a lump sum, for which he would not be able to claim any tax deductions, and she would not have to pay any taxes on. Her lawyer was to hold the money in trust for her, but we now know that she received a lump sum. Something doesn't seem quite right to me here.
Anybody have any thoughts on the matter? I would really like to report her to welfare, just to make sure that she isn't getting any further benefits from them, but this is a small town. Even though welfare reporting is supposedly confidential....besides, I don't want this to cause any more problems for him.
Any advice or experiences you can share would be most appreciated!
My fiance's ex left Sept '04. She disappeared for 2-3 months and my fiance and the kids did not know where she was. He finally drafted up an SA and when he tracked her down (late Nov '04) they finalized it.
He retained custody of the children, assumed the mortgage, and assumed all debts. Her name was removed from all of these so she had no responsibility for them. He received no CS, even though he had custody. In return, she received $20k and signed off alll other rights, including equalization.
Once she blew through that money (rather quickly) and lost her job (by not showing up), she went on welfare.
Last spring, he filed divorce papers, she refused and filed an answer for spousal support, claiming that he had assets and she was on welfare. After a few months, lots of $$ fees, and a settlement to her, we are hoping it's finally done.
My questions:
1. Being somewhat familiar with the "social assistance" system, I know that she would be required to make every attempt to obtain support from another source, including SS. I can only assume that she used this agreement to get out of this and stay on welfare. Now that she has received additional support, by challenging the SA, should she be liable to pay back the benefits received? O would he be responsible for this?
2. Our lawyer told us that in order for her not to lose her welfare benefits, that he would have to pay her in a lump sum, for which he would not be able to claim any tax deductions, and she would not have to pay any taxes on. Her lawyer was to hold the money in trust for her, but we now know that she received a lump sum. Something doesn't seem quite right to me here.
Anybody have any thoughts on the matter? I would really like to report her to welfare, just to make sure that she isn't getting any further benefits from them, but this is a small town. Even though welfare reporting is supposedly confidential....besides, I don't want this to cause any more problems for him.
Any advice or experiences you can share would be most appreciated!
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