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marriagedivorce-law, Family Law Attorney
Category: Family Law
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Experience:  Family law attorney with extensive trial experience
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Divorce was final 3 years ago What kinds of things can I ask

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Divorce was final 3 years ago
What kinds of things can I ask for in discovery for financial information? Both judge and I suspect ex is not being truthful on declaration expense and asset form. Judge stated to me in court they know he not being truthful but can't do anything without me bringing information forward to court. I don't know what to ask for. He is now remarried and is now self employed.
Submitted: 1 year ago.
Category: Family Law
Expert:  marriagedivorce-law replied 1 year ago.

marriagedivorce-law :

Hi. I am an attorney and I will try to help you with your question today. Here are some thoughts on what is generally requested in discovery with regard to financial information: tax returns for a relevant period of time (business and personal); all documentation pertaining to any expense listed on the expense declaration; any and all documents on which the party intends to rely at the trial on the matter; quickbook statements/profit and loss statements pertaining to the business; all financial account statements for a relevant period of time (business and personal); all credit card statements held individually, in the name of the business or with a third party (business and personal); any leases on which the other party is obligated (business and personal); copies of any correspondence with any taxing agency, including a copy of any application for extension of time to file; all documents pertaining to regularly recurring monthly expenses, documentation that evidences any indebtedness claimed by the party. I hope this helps. I will switch from the chat format to the question and answer format but will continue to monitor your question in that format in case you have any follow up questions, despite the message that says that our chat is finished. If you are satisfied with my answer, please take the time to rate my service positively so that I am compensated for my time. If you're not, please allow me the opportunity to continue working with you until you get all the information that you need. Good luck with your discovery efforts.


 

Expert:  marriagedivorce-law replied 1 year ago.
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Customer: replied 1 year ago.
1. In order to ask for these things do I have to ask for a spousal modification or child support modification?
2. Can I just ask for them to see if there is a need to go forward with a modification?

3. Can I ask for these in a regular motion or do I have to ask in a special form? Please provide form number if I do. Thank you!!!
Expert:  marriagedivorce-law replied 1 year ago.

Hi.

1) Yes, as a general rule, there needs to be something pending to make a discovery request. It could be a modification action or a contempt action regarding financial issues.

2) Not generally. There has to be some good faith basis for asking for them, like a reason to believe that his income has either increased or decreased. Also, if a party is receiving child support, the passage of 3 years could be enough to seek a modification and ask for new financial information.

3) I could not make the determination of what to file specifically in this format but generally the motion is filed and then discovery responses follow. Depending on your specific locality, motions forms are sometimes available online with the local rules. Your local clerk can tell you if there are these kinds of forms online.

I note in closing that these self-employment cases are tough to try and complicated so if it is at all possible for you, you should consult with and retain an attorney. I understand that it may not be possible but it is tough to prove a self-employed person's actual income.

I hope this helps and wish you the best of luck.

marriagedivorce-law, Family Law Attorney
Category: Family Law
Satisfied Customers: 319
Experience: Family law attorney with extensive trial experience
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