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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 06-03-2019, 03:38 PM
Gilligan Gilligan is offline
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Default Disability Disclosure & CS?

I'm dealing with a 50/50 offset child support question.

I currently pay offset child support, my ex stopped working a number of years ago and after 2 years managed to produce a "one line doctor's note" as well as a letter from the insurance company and sought retro-active child support. She was successful for most of it, and the courts did not order her to disclose or even ask why she cannot work. As a result, I'm now paying about 50% more than I was previously as well as paying her costs for that motion .

My problem is that she never told me why they cannot work (OK, none of my business but I'm on the hook financially because of it) and my support is dramatically more and I have no idea if this is a permanent situation.

I am assuming their insurance carrier is still paying her a LTD benefit.

Am I just expected to pay this indefinitely with no disclosure? Could I compel her to provide disclosure and have an expectation of the duration of her "illness / disability"?

Not sure if it's worth even asking.

TIA
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  #2  
Old 06-05-2019, 01:33 PM
Berner_Faith Berner_Faith is offline
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If she has a Drs note and insurance is paying her then I wouldnít think there is much you can do about it. She has the professionals agreeing she canít work so you canít argue sheís underemployed. It sucks but itís the way it works


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Old 06-06-2019, 09:54 AM
Gilligan Gilligan is offline
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Thanks for the note. My problem is that it was a Doctor's note in 2017 and a letter from insurance at that time. No expected date of return and nothing else. Just said they qualified for LTD.

Now, I'm assuming that she is still on LTD as she shows some income, but have no evidence that isn't 2+ year old.

Gilles
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Old 06-06-2019, 10:45 AM
rockscan rockscan is offline
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Im sure you could ask for updated disclosure.
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Old 06-06-2019, 12:06 PM
Gilligan Gilligan is offline
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Knowing where this will go, do I have recourse (i.e. is a procedural motion to request disclosure an option?)

I asked last year, but told to "go fly a kite" just not as polite.

I expect the same response if I request it. However I'm not keen paying a 50% increase when the person can clearly work but has managed to get a doctors note.
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Old 06-06-2019, 10:15 PM
tunnelight tunnelight is offline
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hire a private investigator is what I would do, and I believe is what the insurance companies do when they feel people are gaming the system
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Old 06-07-2019, 07:03 AM
Gilligan Gilligan is offline
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I've thought about it, however if the insurance is paying out, then I seem to be automatically on the hook to pay out as well. So it doesn't matter what an investigator would find, the courts would side with the insurance company.
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Old 06-07-2019, 09:17 PM
tunnelight tunnelight is offline
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So if unemployment insurance is paying me then the courts would automatically side with them and confirm me unintentionally employed? I would only wish it was that easy for me!

You can ask for updating disclosure all you want but she's not obliged to give you anything under the court order addressing that issue and should only be lucky to not have the cops at your house for harrassment. You can try filing a motion for it but it will be uphill without something to show it's merited... passage of time in itself may be a reason.

Thing is, Why didn't you ask for disclosure or ask why she cannot work when the motion was originally heard? Now all of a sudden you want to argue it was a temporary disability?

Your best chance is to bring in new evidence or reason to suggest on a balance of probability that things have changed and she is able to work now. Then you could probably get updated disclosure.

Last edited by tunnelight; 06-07-2019 at 09:21 PM.
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Old 06-10-2019, 08:24 AM
Gilligan Gilligan is offline
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tunnelight, I agree with you and appreciate the input. To be clear, I did request disclosure and the case-conference judge refused to order it. They relied entirely on 1 letter from the insurance company stating she was on LTD with no expected return to work. Opposing counsel ignored every request for disclosure and I hired a lawyer, but at that point, nothing much was done. I get the pleasure of paying costs and to be honest, not really keen to go back to court since it seems like not much will happen. At least it's my experience to date.

So, is my best course of action to continue paying based on 1 letter 2 years ago or take court action to request disclosure.
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Old 06-10-2019, 03:07 PM
gettingexpensive gettingexpensive is offline
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Is she active / able to work? QUick call to the insurance to mention "hey, you guys are getting scammed" may help?
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