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I have a question about a date, and time.: I have served my opposing party, in this case my x wife. She was properly served by the sheriff. I know she has 30 days to respond. --My question is would that be 30 days from the day she was served or 30 days from the sheriffs entry of service date?

Asked 4 days ago in Litigation

Christopher’s answer: Actually, the law was recently amended. If the proof of service was not filed within five days of the date of service, the 30 days does not begin to run until the Sheriff's Entry of Service was filed with the Clerk of Court. If the Sheriff's Entry of Service has not yet been filed, you need to file it with the Clerk.

OCGA 9-11-4(h): Return. The person serving the process shall make proof of such service with the court in the county in which the action is pending within five business days of the service date. If the proof of service is not filed within five business days, the time for the party served to answer the process shall not begin to run until such proof of service is filed.

Good luck.

Answered 4 days ago.

My son in law died, his ex-wife is collecting social security for herself while working. She has full custody of their child.: My son in law died at age 30. He has a surviving wife (my daughter, 28) have 2 children (3, 1) and his ex-wife with his first child (5). We thought the social security benefits would be divided between: his wife, and 3 daughters.

His ex-wife filed for herself. She has full custody of their child. The law says she would be entitled if she is making less than $16k a year. She is collecting social security for herself while working. Someone gave my daughter a card that she was general manager at a My Pie. She is now working another full time job and a part time job.

With the ex-wife getting a share, it is $500 less that my daughter would get each month.
It also stinks because the ex-wife is living with a man who makes well over $100k.

My daughter called the local social security office and they said all they could do is wait til the end of the year and hope she lets them know? That sounds not right to me.

Isn't this considered Fraud? I found this: Contact the Office of the Inspector General at the Social Security Administration, SSA Fraud Hotline (1-800-269-0271).

Or should we contact a lawyer, which we can do. Thanks all for the information.

Asked 6 days ago in Social Security

Christopher’s answer: Generally, divorced spouses caring for a minor child of a deceased worker are entitled to the same benefits as a widow if the marriage lasted 10 years or more.

If caring for a child under age 16 who is getting benefits on the record of the former husband, a divorced spouse does not have to meet the length-of-marriage rule. Unfortunately, this benefit for the divorced spouse will affect the amount of the benefits anyone else is receiving based on the employment taxes paid by the deceased worker

Sorry for the bad news.

Answered 6 days ago.

What if my LTD didn't come from social security but from an optional benefit that I pay from my paychecks?: I'm being told for the( first time ever in the history of my case) that I have to repay these payments from my settlement.

Asked 16 days ago in Employee Benefits

Christopher’s answer: It is a typical provision in the long-term coverage portion of private disability insurance policies that the Claimant must apply for Social Security disability benefits - and that if the Claimant gets Social Security disability benefits, these offset the obligations of the private insurer (including offsetting already paid benefits with some or all of the lump sum payment from Social Security).

Without seeing the specific long-term disability policy at issue, I couldn't say exactly what your obligations are, though.

Answered 16 days ago.