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Old 04-11-2017, 08:44 PM
Gilligan Gilligan is offline
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Default Thoughts on CS Adjustments - Medical Leave

I have joint custody of my son (13) with a 50/50 time split. As such, I pay offset child support. My ex spouse earns about half my income.

I've been made aware that my ex hasn't been working for the last 2 years and states that she is unable to work because of a medical condition (Lupus). She also states that she isn't sure if she will be able to return to work. She has asked to adjust child support as a result, which will likely result in a significant increase. I am afraid to full table support or close to it. I've yet to get evidence, but she states that she's got a doctors note and is currently receiving long term disability insurance.

My issue is that I've personally experienced my ex abusing the system, where she would constantly find a way to go on short term / long term leave. It was an ongoing issue when we were together and she’s never held a job longterm. I question the legitimacy of this claim as I suspect that she is collecting benefits and possibly working under the table. There has been a lot of behavior that would suggest that her condition doesn’t require her to be away from work, however I’m not a doctor and she’s got a medical note saying otherwise.

My fear however is that if I contest, the courts will see a medical note and an insurer who is currently paying a benefit and will conclude that I must increase my CS as a result. This will result in very little motivation to go back to work (if not legitimate).

If anybody has any suggestions or advice, I would appreciate it.

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