Legal Question in Family Law in Pennsylvania
Custodial parent claiming disability.
My ex used to make over $3,000 a month. About 3 1/2 years ago she married a wealthy man and quit her job. 2 1/2 years ago she filed for a child support increase claiming she was disabled and unable to work. She produced nothing more than a note from a doctor, and was assessed an earning capacity of $0!! I was not permitted to examine or know the contents of the doctor's note she submitted. Since then, she goes to the gym 3x/week, went on vacation to Europe for a month, and Chairs the local ''Mom's Club''. She files modification petitions at least once a year, to examine MY income! At each hearing she states that her disability claim is ''being appealed''. The State supposedly denied her claim. Her claim is Fibromyalgia, a generic term used by doctors to label unexplained pain. At what point should DRS halt this nonsense, and assign her a proper earning capacity?
1 Answer from Attorneys
Re: Custodial parent claiming disability.
If you don't have a lawyer, it sounds like you need one. You will need to file for a modification of support and need to list it as a complex matter and request the court allow discovery. This will allow you to get her medical records her husband's records etc. I offer free consultations.
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