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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-29-2014, 12:27 PM
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Default Medical Leave Off Work and CS?

What do you do for Child Support when a Doctor Writes you Off Work?

When you get disability income (sorry I have no clue how you get paid/anything to do with having a medical leave off work)

But would Child Support Come out of the disability income a person receives? If the Disability Income is lower than normal working income, does the Child Support get reduced?

Do you immediately file with the court for a Child Support Amount Change?
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Old 06-01-2014, 07:21 AM
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No one has experienced this before on here/ knows any answers? Maybe I was too vague in my question, as I don't really understand myself how disability income works--didn't know how to word it.

I have a co-worker whose doctor has taken him off work. Boss at work said he would begin receiving short term disability in a few weeks.
So say he is off work for 6 months..........Will his $1,000 a month child support rack up in arrears for those 6 months?

He won't get as much money per month on disability right? as he does from work?
FRO garnishes his work pay cheques right now....will FRO garnish the disability income?
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Old 06-01-2014, 07:02 PM
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Quote:
Originally Posted by Laughingstock View Post
What do you do for Child Support when a Doctor Writes you Off Work?

When you get disability income (sorry I have no clue how you get paid/anything to do with having a medical leave off work)

But would Child Support Come out of the disability income a person receives? If the Disability Income is lower than normal working income, does the Child Support get reduced?

Do you immediately file with the court for a Child Support Amount Change?
You could wait for the annual adjustment, at which time your line 150 income will reflect the reduced income you will have been making up to then.

Or you could notify your ex that your income has changed and you would like to modify CS according to your new income right away. This may not go over well and you might need to go to court to have it adjusted based on a material change in circumstance (the main reason to not wait for the annual adjustment). This may cost you money in legal fees, and take nearly till your next annual adjustment anyways.

The big questions are, how reasonable is your ex, and how much money have you got saved up for a rainy day?
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Old 06-02-2014, 04:32 PM
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Thanks for the response Rioe. Waiting for the yearly adjustment makes sense the way you explained it!
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Old 08-25-2014, 12:02 PM
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Just to update in this situation what has actually happened....His disability insurance through work is still paying him and deducting CS, sending it to FRO....So good that he will not be in arrears for CS!

But he says the future problem is going to be that his yearly income will be lower now and when tax time comes, and he gives her his info to change Child Support....if it is in fact a decrease in Child Support....He is going to go through hell getting her to sign off on the Consent Motion to Change Child Support/ do it on their own.

So now the question is....If she refuses to sign off on the Consent Motion to Change Child Support......What does he have to do? Does he have to file a new motion against her with the court to change child support?
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Old 08-25-2014, 06:31 PM
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Does he have to file a new motion against her with the court to change child support?
Yes. It could be started now.
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