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Old 08-11-2017, 10:04 AM
Gilligan Gilligan is offline
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Default Access to EX's Medical Records for CS Adjustment?

I thought I would create a new post to better reflect my specific question. I've been searching CanLii extensively, but can't seem to find anything very relevant.

Brief Facts:
  • 1 Child, Joint Custody / Equal Access (therefore, joint obligation to pay support).
  • Mother stopped working in 2015, however has never disclosed any information as to why.
  • Mother now wants to adjust offset CS, which I don't take issue with.
  • Her claim is suspect, given prior history, however she is receiving LTD from her group benefits provider.
  • I believe she is also receiving some benefits from CRA.
  • When I've asked for full disclosure to modify CS on consent, she refuses to disclose any information as to why she is off work, other than a generic medical note from a clinic saying that she isn't working due to "medical reasons".

In doing some research, being on LTD constitutes a Material Change in Circumstances, however if it's really a financial decision. She wants to only address CS but does not want to disclose any information as to why she isn't working.

It seems in most cases, the medication condition has been disclosed and isn't contested. So, adjusting CS is just based on T4's, etc...

Am I off base here insisting that she disclose? I am worried about this, as she is threatening to bring me to court now, retro, etc. Insisting that she doesn't need to give me the information.

Any precedence or applicable case law would be appreciated.


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