Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #11 (permalink)  
Old 08-09-2017, 01:30 PM
Senior Member
 
Join Date: Jan 2013
Posts: 154
Gilligan is on a distinguished road
Default Update and additional advice sought...

I finally received some disclosure from my ex. A couple of things however.
  • My ex has never told me what her "medical condition" is.
  • The disclosure she's provided me is a generic medical note for a clinic that states "For medical reasons, the patient has not worked since 2015. It is not expected for her to work in the near future".
  • She is asking me for retro-active child support for January 2017, even though she's only approached me in March and gave me disclosure in August.


In your opinion, is the medical note sufficient? Am I entitled to know what her condition is?

I'm not medical doctor, but my ex is taking extended vacation and traveling for a family vacation and seems to be able to operate a vehicle for 10+ hours. She attends every school / medical event for our child and seems to be travel down south for vacations. It's just fishy that she can't work at a desk job.

Thanks for the input.
Reply With Quote
  #12 (permalink)  
Old 08-09-2017, 07:39 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,916
arabian will become famous soon enough
Default

Has your ex applied for, and received, any sort of disability pension? Probably not.....

If this were ever to go before a judge your ex would have to provide comprehensive medical documentation along with ..... a diagnosis. I'd speak to a lawyer.
Reply With Quote
  #13 (permalink)  
Old 08-10-2017, 11:35 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by Gilligan View Post
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).
Salena Gomez has Lupus and she is ok. So are most people who take their medications. It is rare that someone with Lupus is unable to find a medication regimen that would put them into the situation of a long-term disability.

Quote:
Originally Posted by Gilligan View Post
She also states that she isn't sure if she will be able to return to work.
The court generally expects the same level of rigor that insurance companies require for people claiming LTDs as a reason for underemployment.

This article summarizes how hard it is to qualify for disability benefits with Lupus.

https://resolutelegal.ca/resources/d...its-for-lupus/

Lupus is not an "automatic check for life". It falls under the same classifications as Type 1 Diabetes and other autoimmune disorders. Very treatable!

Quote:
Originally Posted by Gilligan View Post
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.
I read the thread and what you were provided IS not sufficient. (See the article I linked for what is required for a proper diagnosis to claim you are disabled with Lupus.) Use the article as a guide to what you should be asking for as disclosure.

Quote:
Originally Posted by Gilligan View Post
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.
Well, Lupus is very treatable... It is rare to get LTD benefits for having lupus from what I am reading.

Quote:
Originally Posted by Gilligan View Post
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.
If you search Google you will see hundreds of law firms offering up advice on how to claim lupus as a LTDisability. What you should understand is that when this happens it means that the claims OFTEN FAIL. Why? Because although awful, Lupus is a LONG TERM DISEASE and not a LONG TERM DISABILITY. Which means it can be successfully treated and often is.

Quote:
Originally Posted by Gilligan View Post
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).
FYI: Disability payments are considered when calculating CS. It isn't free money.

Quote:
Originally Posted by Gilligan View Post
If anybody has any suggestions or advice, I would appreciate it.
Read the article and ask for the disclosure outlined in the article.

Good Luck!
Tayken
Reply With Quote
  #14 (permalink)  
Old 08-10-2017, 09:25 PM
Senior Member
 
Join Date: Jan 2013
Posts: 154
Gilligan is on a distinguished road
Default Thanks you + Clarification

Thanks for the replies Arabian & Tayken.

The irony of this post is that I actually have no idea what condition my ex has for being off work. She has never advised me of any medical condition, the information I have is hearsay from my child. I suspect it's Lupus, but I have no way of knowing. It's possible that it's mental illness or other conditions (she's been off work for mental illness previously)

The disclosure she's provided me to date are.
  • Dr's note from a medical clinic dated last week saying that "she's been off work for 2 years for "Medical Reasons" and not anticipated to go back anytime soon.
  • She has been approved by her medical benefits provider. She has provided proof that she is receiving LTD
  • Financial disclosure (T4, NOA, Tax Returns)

So, the reality is that she's receiving benefits for a "Medical Condition" but obviously makes less as a result. She is just refusing to give me any disclosure and expects me to top up.

I guess the main question is. If she receives LTD from an insurance provider, does that automatically satisfy the courts and absolved the person from disclosing information? My other concern is that this might affect her ability to provide care for the child.... there must be a reason that they are refusing to disclose.


Thanks,
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Medical Leave Off Work and CS? Laughingstock Divorce & Family Law 5 08-25-2014 06:31 PM
Parental Leave Mom4three Financial Issues 40 03-18-2014 03:00 PM
Weight of Settlement Conference Recommendations - Sole Custody vs. Joint Custody momto3 Divorce & Family Law 12 08-31-2012 12:47 PM
Share Custody Offset CS Maternity Leave Canadaguy Financial Issues 2 12-21-2011 09:13 PM
need your thoughts before I see lawyer! girltrax101 Common Law Issues 20 05-11-2011 04:22 PM


All times are GMT -4. The time now is 10:32 PM.