My mom hates my Dad and always has. They should of divorced but are too poor.
6 years ago when my Dad had a bad stroke, he was placed in a nursing home for his recovery until he could go home, after a year he though he was going home but then she decided she did not want to "wipe his butt" feed him or move any furniture around to make room for his wheel chair. We moved him to a nursing home near us. I am his oldest son. He has been in there for 4 years now. They own a house that is very upside down and worth nothing, she sold what was left of his business and took his car, and he has nothing but his social security check, which she gets to keep to help pay the mortgage.
He wanted some spending money but she said she would turn him into the government (you are only allowed 35 a month spending money if you are on medicare and medi-caid in a nursing home, and then said she threatened a divorce. She wants all the social security check. He wants a divorce too. The question is would he have to pay her part of his social security check as alimony?
They are both in their 70's. Dad lives in a nursing home, and would rather have the nursing home get his money then her.
He wants a divorce and to get his social security check back, he found a residential home he may be able to move into and pay with that check.
I will have to pay the difference for him, but I want him to have a nice place.
It is literally all he gets in the world. He is fully covered by medi-cal and medicaid since they have nothing other then a house and a car they owe money on. No insurance or savings or anything but just debt.
I have gotten 2 different answers,. Social security told me that it is his check no matter what his martial status, but their social case worker said he would have to pay her alimony from his social security check.
What if he moved in with me, would he get to keep his check?
Also he wants to just give her the house and all his worldly goods since she has them anyway now.
Need some answers to decide what to do.

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I found my answers. I went into the social security office to talk to someone.
No she cannot touch his social security check. That person is always in charge of their own check. He will still get Medi-cal when I move him out but his share of cost is now 800! Yipes. But we are getting IHSS, so that is great. (in home support services)
Also each month once you hit that share of cost, everything else you need or do is covered. Took me a lot of time and research to figure it all out.
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I wish I had answers for you but will start asking around. Did your mother ever work? If so, she has her own social security check no matter small it is. Also, was the car in her name or his name or both? She may have committed a crime if she sold it by forging his name. There are pro bono lawyers that will take cases like this. Take care. Rebecca
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I wish someone would answer this question
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