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Old 08-02-2012, 12:12 AM
Full_Plate Full_Plate is offline
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Default Retroactive SS

Retroactive SS
1-If separation date is back 4.5 yrs and temporary SS stated a last year. Can SS be retroactive to the separation date once there is a Separation or Divorce?
2- Am I correct in thinking SS is reviewed each year? If so once we finally end this D rated Drama can the SS be revived for the past years?

Old 08-02-2012, 03:10 AM
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Depends upon your divorce judgment. SS can be retroactive but it has to say so in the judgment.

I am unclear of what you mean when you say "...temporary SS stated a last year." Does this mean there was a term specified in the judgment (beginning and ending date?)

Please provide more information.
Old 08-02-2012, 08:14 AM
Mess Mess is offline
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Child support would be retroactive because it is the automatic right of the child from the time of separation.

There is no right to spousal support, the entitlement has to be established. So there is no automatic obligation to pay the way there is with child support.

Spousal will have three things to establish: Entitlement, Duration, and Amount. The key with retro would be duration.

If there was a decision to award spousal for 5 years, then there is little point in ordering retro. You started last year, you would just pay for 4 more years.

If the spousal award were indefinate, then there would be an argument for spousal. This would be seen in the case of very long marriages, and/or when the parties are nearing retirement age. So in this case entitlement is established and the duration is indefinate so if support went unpaid for the first year after separation then there was something to owe.

Another case would be if there were children, the recipient was stay-at-home, and the court ordered support paid until the children reached 18 years. This kind of situtation is not automatic, but if it were found by the court, then it could be argued that support should have been paid to support the household since separation. Here the support is tied to the children's welfare.

I'm not saying anything about fairness here, or whether the system is right or wrong; I am describing the situations where a retroactive payment would be relevant to the reason for a spousal award. In situations like these there are reasons to argue for retro.
Old 08-06-2012, 10:38 PM
Full_Plate Full_Plate is offline
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More info! Married, 37 years. I was self-employed up till 5.5 years ago and had to stop because of health. The ex has a good government job, so the SS is coming to me. My lawyer was able to secure SS last year, at what he called a temporary amount with out going to court. It is less than what he thinks the courts will award me or what he thinks I’ll have when we have a Separation Agreement. This hopefully will be this December. The Ex is the one that walked out, but is not doing anything to settle this except blowing smoke. She has her lawyer questioning everything, even the number of screws in a box. The separation date she wants is 4.5 years back. My lawyer has asked for SS to be 4 month retro from the date that I revived the first SS last year.
I’m trying to move things faster so I’m working on a Settlement Offer to give my lawyer, so it can be given to the ex. That is why I was asking about the retro for SS.
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