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Leveraging disability insurance to avoid working and paying less Child Support

San Mateo, CA |

My ex husband hasn't worked for over 2 years claiming he's on disability due to a shoulder injury and has papers from his disability lawyer proving it. I've asked for those papers, will I also be able to request comments/notes from his doctor or therapist, therapy schedules etc.? I've seen him carry things which doesn't seem like he has any shoulder injuries. Will pictures showing that his shoulder is fully healed be sufficient proof? Would this also be borderline insurance fraud?

My main question is how do i prove that he really is not disabled to the degree that he cannot work whatsoever.

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Attorney answers 4

Posted

I would be very careful where you are going with this. Your impression of what a person with a shoulder injury can and cannot do may not be correct. Carrying things is not a huge problem depending on where things are at in the treatment and you are substituting your judgement for that of the dr without knowing the medical side of the story completely. Falsely reporting fraud creates a lot of issues too.

Posted

Disability attorneys do not issue medical opinions. If your ex-husband is in TD or PD (unsure based on facts provide) is due to a medical doctor stating such. In another note I do not understand how getting your X to be arrested and jailed is going to help you get child support.

Asker

Posted

I'm not saying I want him arrested and i hope he doesn't because it will affect child support. My main question is really more around proving that he can work so that he can assist with child support

Ruben Alonso Montoya

Ruben Alonso Montoya

Posted

Insurance fraud = felony = most likely jail. What I recommend is that you tell your CS office that he has a pending WC case and that they file a lien. With a lien the case wont be able to settle without taking care of the lien.

Posted

What is your ultimate goal? Ex-Husband in jail? Termination of his income? Massive repayment award in lieu of Alimony/Child Support? Full custody of the kids?

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

Posted

What is your ultimate goal? Ex-Husband in jail? Termination of his income? Massive repayment award in lieu of Alimony/Child Support? Full custody of the kids?

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.