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D

DennisK

Guest
Pennsylvania.
My ex-wife is currently taking medical leave due to a variety of medical problems. We went back into court to modify child support and I was ordered to pay 100% of support until she returns to work which she claims wont be until September. I have found out that she planned to return last month. While I have sympathy for the situation for my children, I find it interesting that the courts didn't ask for any legal documentation from her doctors regarding her ability to work. Granted, that was probably my attorney's responsibility. My issue is this, I have an appeal scheduled for October. My questions are:

1. Can I request a letter from her doctor determining her limitations to resume her job as an executive assistant? (I don't understand why she would not want to maintain as normal of a life as possible).

2. Can I somehow contact her employer to find out the exact date she returned to work as this will be very important at my appeal?

3. She is living with her parents but is maintaining a residence that she doesn't live in(her grandparents are living there). Would that qualify as income if her grandparents are paying the mortgage/rent?

4. Do I hire a private investigator to research this for documentation or is there a legal way I can prove all of this on my own.

Any help from legalbegal, usdeeper, and I am always liable would be greatly appreciated.

I would think that the courts would have to make her prove her inability to work considering she is still considered an employee with her employer. Please help.
 


Z

Zoobie

Guest
My advise? GET ANOTHER ATTORNEY!!!!!

You seem to be able to afford one so get one that is going to so something!

Good Luck!
 

I AM ALWAYS LIABLE

Senior Member
Dear Dennis:

Okay, see my responses, below:

You asked:

1. Can I request a letter from her doctor determining her limitations to resume her job as an executive assistant? (I don't understand why she would not want to maintain as normal of a life as possible).

ANSWER: Since she has placed her medical condition into issue, you are now allowed to Subpoena her medical records, and you should take the deposition of the doctor(s);


2. Can I somehow contact her employer to find out the exact date she returned to work as this will be very important at my appeal?

ANSWER: See above answer, replacing doctor with employer.

3. She is living with her parents but is maintaining a residence that she doesn't live in(her grandparents are living there). Would that qualify as income if her grandparents are paying the mortgage/rent?

ANSWER: You need to Depose the Grandparents to find out if if they are paying "market rates" for rental, or merely the amount required on the mortgage note, insurance, etc. If they are not paying market rates, then that amount, minus what they are paying to your ex, can be imputed to your ex as income, thus lowering your overall responsibility. It's not your fault that she's not obtaining market rates for her property if she's renting it, now is it?


4. Do I hire a private investigator to research this for documentation or is there a legal way I can prove all of this on my own.

ANSWER: For what purpose?

Send out Interrogatories, Request for Admissions, and Demands for Production of Documents.

Do you have an attorney? Because if you don't, this stuff is going to be way too complicated for you if you don't know proper procedures - - or if you don't know what questions to ask.

Good luck Dennis.

IAAL

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