NJSBA Family Law Section

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  • 1.  SSI and Alimony

    Posted 02-11-2021 09:20 AM
    Hello all. I have a client who receives disability checks through SSI. Before negotiating alimony, I need to find out whether alimony income will reduce her benefits. Can anyone point me in the right direction for resources, cases, websites, treatises - ANY authoritative sources? We're not getting clear answers from the folks at the Social Security Administration (no surprise). 

    Thanks in advance,

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    Gina Calogero

    Oradell NJ
    [email protected]
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  • 2.  RE: SSI and Alimony

    Posted 02-11-2021 09:29 AM
    I had this situation before. Client needs to be referred to have a consult with an attorney who handles special needs trusts. This would help them collect alimony and not lose their SSI assuming the alimony would put them over a certain income limit where they would normally lose it. I don't know too much about it, but it's my understanding they'd be able to pay certain essentials out of the trust while they collect the alimony. Hope this helps!

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    Aleksandra N. Gontaryuk, Esq.
    AG Law Firm
    711 Jersey Ave.
    Suite 202
    New Brunswick, NJ 08901
    Tel.: 908.336.7550
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    Original Message


  • 3.  RE: SSI and Alimony

    Posted 02-11-2021 10:13 AM
    My firm does SNT and has done them in divorce situations, happy to speak with you on this.  VERY important not to make it a grantor trust, but a 3rd party trust.

    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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    Original Message