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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 369
Experience:  6+ years of experience in divorce, custody battles and mediation.
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... how do I get info on my ex ... I had to do discovery. She

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... how do I get info on my ex ... I had to do discovery. She has an Atty .. I cannot afford one. I want the same info she received on me. How can I get this without an Atty? Income, W2 form, Employee information ... bla, bla, bla ....
Submitted: 1 year ago.
Category: Family Law
Expert:  originallawyer replied 1 year ago.
If you were served discovery, then it's quite simple. Literally copy (retype) the document that she sent you, but put your information where hers is and send it to her attorney. Then she is bound by the same rules you are to submit info. If you do this on your own, many attorneys will look over it for you for a smaller fee than if you had to pay them to draft it themselves. You do not need an attorney to file discovery on your own.

Once you get the documents ready, send them to her attorney via certified mail return receipt requested. DO NOT send them directly to her, as that would be improper.

If you do not wish to retype the entire document, there are many places you can purchase these documents from. Just make sure you are purchasing documents created for use in Virginia.
Customer: replied 1 year ago.


Good info thank you.


Can I refuse discovery ... I signed I would give info ... without repercussions. Also, they are demanding I pay additional medical exp. Without getting into trivial detail I have overpaid for years, dealt with added exp of travel since she moved far away and she has had steady increases in income and I constant the same ... can any of this be used for my defense?

Expert:  originallawyer replied 1 year ago.
Unfortunately, you cannot refuse to participate in Discovery. To do so would lead to possible sanctions and being ordered to pay her court fees, etc.

Yes, your income staying the same can be used as a defense. You could also possibly modify support based on your increased travel expenses since she was the one who moved away. Whether or not you'd need to pay extra medical would depend on the circumstances.

If she is making more than she was, it is definitely a good idea to serve discovery on her.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 369
Experience: 6+ years of experience in divorce, custody battles and mediation.
originallawyer and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Great thx ... her income was more than doubled. Asfaras medical ... just small stuff ie ( dental appts, check ups bla, bla bla .... sorry about the bla) BTW I paid for anything dramatic and have receipts ..... but she wants me to satisfy addl amounts. Should I acquiesce to this ... or as I believe she is just digging ... side tracking me. BTW her income level is twice mine ... (bruised ego ) ....


 


 

Expert:  originallawyer replied 1 year ago.
If you've been paying as the court ordered, I don't think she has a reason to raise the amount you're paying unless something substantial has changed. I would keep fighting that.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 369
Experience: 6+ years of experience in divorce, custody battles and mediation.
originallawyer and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


ooops ... I have been unemployed since Sept 2012 .... bad market for my field. I have made steady payments til feb 2013 but cannot meet the child support payment ... 948.00 and my income is 70k ... one child ... do you see any other source of an argument ... that will be my last question.

Expert:  originallawyer replied 1 year ago.
If you are unemployed, you can definitely ask for a decrease in support payments. That would be grounds for a significant modification.

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