Hi all,
The latest development in my wife and I's saga with her ex is his recent non-work related injury. The short term disability package with his employer provides him with 2/3 of his pay, but they also allow him the opportunity to top-up using his vacation time, or any other banked time. He stopped paying child support entirely after his injury.
There is currently no order in place between them (we are currently in litigation, nearing a court date). Does anyone have any experience or know of any precedence around requiring that a person top-up when that option is available? Alternatively, is it possible that a court will impute income to a person who voluntarily chooses not to increase their income where possible? How about the question of whether his employer offered him modified duties or not...I'm assuming that is an important question that needs to be answered. Anyway, just looking to see what our best options are...if in fact there are any.
Thanks!
The latest development in my wife and I's saga with her ex is his recent non-work related injury. The short term disability package with his employer provides him with 2/3 of his pay, but they also allow him the opportunity to top-up using his vacation time, or any other banked time. He stopped paying child support entirely after his injury.
There is currently no order in place between them (we are currently in litigation, nearing a court date). Does anyone have any experience or know of any precedence around requiring that a person top-up when that option is available? Alternatively, is it possible that a court will impute income to a person who voluntarily chooses not to increase their income where possible? How about the question of whether his employer offered him modified duties or not...I'm assuming that is an important question that needs to be answered. Anyway, just looking to see what our best options are...if in fact there are any.
Thanks!
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