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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26907
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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how do I introduce evidence in response to ex trying to amend

Customer Question

how do I introduce evidence in response to ex trying to amend child support?
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is Kirk and I'm a Family Law litigation attorney here to assist you.

 

You must file a written response to the petition to amend child support filed by your ex. As part of your response, you can reference evidence in your written response and attach the documents/evidence to your response.

 

The response should be filed with the court clerk.

 

Then, you will be allowed to present the evidence to the judge at the court hearing. You may also need to have any person able to testify appear at the hearing.

Customer: replied 3 years ago.
do i need to subpoena bank records if so how do i go about it as previous motions to compel were not honoured? Is the discovery info filed firstie show my hands to all or just at the hearing?

Expert:  Roger replied 3 years ago.
The easiest way to get this documentation i to issue a subpoena duces tecum to the bank for the records you want. If you want to use the documents at trial, you would have to provide them to the other side through discovery. You can also produce the documents to the court as attached to your response to the motion.
Customer: replied 3 years ago.
does the clerk of the cour provide the subpoena duces tecum and in whose name should it be made out/ several banks?
Expert:  Roger replied 3 years ago.

The clerk's office will issue the subpoena. Some county clerks provide forms and some do not. Thus, you'll just have to find out whether the clerk has this form from its office.

 

If so, you can find sample subpoenas duces tecum online.

 

Yes, you would need to make a subpoena out to each bank you want records from.

Customer: replied 3 years ago.
do i have to get all the subpoena info back and filed within the 21 days since i was served/ Can i also ask ex for financials of all cos she has and tax returns to match up evidence?
Expert:  Roger replied 3 years ago.
Usually, a subpoena must be responded to within 10 days.

If you want to use the information at the hearing, you obviously need it before. If you don't have it, you can request a continuance in order to recover the documents.

Yes, you can request that she provide evidence or documentation through discovery.
Customer: replied 3 years ago.
finally if i have names of some businesses ex opened, but dont know if or names of bank institutions how do i find them, for sure i have an Idea but need to fish a little?
Expert:  Roger replied 3 years ago.
You can ask her to identify this in discovery through written interrogatories. Then, you can subpoena the entities provided.
Customer: replied 3 years ago.
what if she denies having an interest in them or claims they never operated or submitted tax returns cos they were out of state? Should I be very specific?
Expert:  Roger replied 3 years ago.
You should be specific, but if she lies and you find out, she is in huge trouble for contempt and committing fraud against the court - not a position she wants to be in.

Thus, it is very rare that someone lies because of the penalty if the fraud is discovered.
Customer: replied 3 years ago.
can the discovery be made in the general interogatories for financial disclosure, and see if she omits them then. some companies she denied their existance under oath at her deposition, i discovered them many months later so in effect she has purjured herself there. I just wanted to illustrate the pattern again if I asked for all partnerships and agreements etc again now and see her lie. but i would like bank account details and tax returns How do i do it? please
Expert:  Roger replied 3 years ago.
You need to be specific in asking for all businesses she's involved in. However, if she's already lied, her credibility should already be in jeopardy.

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