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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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  #1  
Old 11-23-2015, 03:53 PM
Gilligan Gilligan is offline
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Default Question regarding Child Support and LTD

Hi there,

I am currently have an equal division of time and shared custody for my 12 year old child. As such, I pay off set child support.

My ex was recently diagnosed with an auto-immune disorder and she recently disclosed that she has been off work since April, however she has not discussed any of this with me. I have to assume that she is on Long Term Disability or on some leave without pay, which will significantly affect the off-set child support.

From the research I've done, most people with this condition are able to work and resume a pretty normal life if it is managed. My ex does have a long pattern of being pretty unstable with work, she currently has a well paying job but not sure how long it will last if she isn't able / willing to work.

I am looking at the prospect of my support obligations going from approximately $400 / month to close to $1,000, which will clearly cause me some hardship.

If she presents a Doctor's note, is it pretty much a slam dunk? Can I request a "Fit to Work" assessment or something similar? My ex is pretty high conflict/vindictive and seems to be happy to "get me to pay".


Thanks,
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  #2  
Old 11-23-2015, 05:54 PM
Links17 Links17 is offline
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She presents you with a doctor note, you ask for the doctor to testify and/or ask her to undergo an examination by doctor of your choice
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Old 11-23-2015, 05:59 PM
PeacefulMoments PeacefulMoments is offline
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I am not in any way trying to justify not working when one is able, especially in an offset situation where you have an obligation to earn, but if she is in fact accepted by LTD, wouldn't that have been vetted by medical professionals in order to qualify for the LTD?
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Old 11-23-2015, 06:14 PM
Gilligan Gilligan is offline
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My problem is that she has not disclosed anything to me directly. I first heard of her issues from my child and am aware that she has not been working for some time now.

As a annual checkup for my child, she mentioned that she was off since April and gave details of her condition, in relation to the probability of genetic inheritance.

I would agree about LTD requirements, however at this point, I have no way of knowing as she refuses to provide the information. She only took 6 months past the deadline to provide income information from 2014 (I got that last week, although she has not provided all of the required information).

I want to avoid going to court if at all possible, doesn't make mush sense (We've been separated well over 10 years). This should be somewhat clear cut.
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  #5  
Old 11-23-2015, 06:32 PM
stripes stripes is offline
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I would think that if she qualifies for long-term disability, that's a medical call made by a medical doctor. She isn't obligated to work if she is physically unable to (this is just like what would happen if you were still married - if she qualified for long-term disability, you wouldn't have the right to force your spouse to work). It sucks financially, but it could have happened just as easily if you were still married. However, until she presents you with documentation saying she can't work, I don't think you need to change anything about your payments.
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