My husband has been forced into medical retirement due to his blood clotting disorder. He will get the full 30 year pension minus all the other years pay raises that he would have gotten if he was able to work the full 30 years. Anyways, we have a child support modification hearing coming up and the ex wife has told him that she needs to see and have copies of all of his medical documents pertaining to his medical retirement and that she has to have them in 2 days so she can make an informed decision. Is she entitled to any of this documentation or is this something she needs to petition the court for. To this day we still have not been advised as to a dollar amount he will bring home each month so to me she has no business knowing what his medical documents say. He has paperwork showing approval and the effective date of retirement but she wants to see his medical history that the Dr wrote… This violates hippa laws unless he willingly gives it to her which he isn’t planning. We are jut trying to figure out if he will be forced to show them in court or not.
Any documents related to income should be produced in a child support case. The parties can voluntarily exchange documents. Otherwise, the person requesting the documents can serve discovery requests in the court case.
The father’s medical records would likely not be relevant. However, a letter from the doctor explaining her or her orders for medical retirement would be relevant to show that the father is not voluntarily decreasing his income to avoid paying child support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So, she would only need to see the paperwork from the retirement system showing that he was approved? We can’t produce a dollar amount until the retirement system sends him the information on what he will be getting a month. All we have is documentation showing that he was approved. She’s asking for copies of his medical retirement application and all documents pertaining to his medical retirement.
She was also entitled to the marital portion of his retirement while they were married (2001_2009)and she wants to know how this affects her money… Obviously we don’t have that information. I assume she needs to contact her plan administrator from where her previous lawyer drafted the QDROs?
Is she allowed to have all those documents? I don’t think the application portion has anything to do with this court case. Those documents clearly have written medical diagnoses in relation to him no longer being able to do the job he was doing (law enforcement). This is not just him trying to not pay child support. But we also want to make sure that we don’t give her anything she isn’t allowed to have.
Any documentation relevant to the issue to be heard for child support can be produced, and the opposing party would be entitled to review such documents. Anything the father feels is irrelevant, he does not need to produce unless the Court orders him to.
The documentation showing the medical retirement was approved would be relevant. Depending on the information in the retirement application may or may not be relevant. The mother may be asking for all of this information in order to determine if the retirement was voluntary or by doctor’s orders because of a legitimate medical condition.
The mother would need to contact the plan administrator in order to determine her portion of the funds from the father’s retirement, unless the father is provided this information from the plan administrator.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Today, she gave my husband a certification of initial disclosures (support), however, the back copy certificate of service shows that this was dated on 8/30/2017 and hand delivered to him and then filed with the court on Friday September 1, 2017. She hand delivered him today September 3, 2017. Are we required to still provide 2 years worth of tax returns to her as well as 3 months worth of paystubs if this document was not delivered to him when she claimed they were delivered?
You are required to provide income information per the local rules of your county. For example, for Wake County, the person whom the child support claim is made against is required to produce initial disclosures regarding income documentation within 25 days of service of the complaint, claim, or motion, but the initial disclosures cannot be produced less than 10 days before a scheduled support hearing.
You are still required to provide the last 2 years of tax returns and the last 3 months of paystubs, plus other documentation of income, regardless of whether or not the opposing party turned over their initial disclosures late.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.