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Injury clause?

Started by almostastepmom, Dec 01, 2003, 02:50:46 PM

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almostastepmom

My BF was hospitalized for 7 days and then was unable to go back to work for another 5 days.  He read he's divorce decree and it states that if either party is to get injured or hurt so that they can not work, ALL payments (in this case it's both Sep. mait. and CS) should not be payed.  He's ex is saying the he has to pay that money back to her and that he is reading it wrong.  She is threating to take him to court and with hold the kids from him.  He had 3 doctors tell him he was lucky to be alive and that there was no way they would release him back to work until they made positive he was healthy again.  So  even thou it says it in the court approved papers that he doesn't have to, will he be told he has to pay, if this goes to court?

socrateaser

>My BF was hospitalized for 7 days and then was unable to go
>back to work for another 5 days.  He read he's divorce decree
>and it states that if either party is to get injured or hurt
>so that they can not work, ALL payments (in this case it's
>both Sep. mait. and CS) should not be payed.  He's ex is
>saying the he has to pay that money back to her and that he is
>reading it wrong.  She is threating to take him to court and
>with hold the kids from him.  He had 3 doctors tell him he was
>lucky to be alive and that there was no way they would release
>him back to work until they made positive he was healthy
>again.  So  even thou it says it in the court approved papers
>that he doesn't have to, will he be told he has to pay, if
>this goes to court?

There seems to be an argument over the interpretation of the order. I'd need to read the EXACT text of the order to give you a reasonable answer.



almostastepmom

Dear Soc.
   Here are the EXACT words stated in the Court Approved Documents.

This is under the section of Child Support

Section 3.16
  Perodic Adjustments
    #4 When/IF Mother/Father is injured and a physician choosen by each determines by physical examination that the injured party is no longer able to perform duties required on the job and provides written verafication of such.

Does that help?