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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7629
Experience:  Experienced Family Law Attorney
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My ex lawyers are now asking after mediation

Customer Question

my ex lawyers are now asking for interrogatories after mediation fails?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.
Good Day! I'll do my best to assist you. Please remember: I only provide general information and a local attorney should always be consulted.
A few more minutes please as I'm still researching this for you.
Expert:  LegalGems replied 1 year ago.
Thanks for your patience.
Yes, if a party refuses to provide information during the discovery process, the other party can bring a motion to compel production and request for attorney fees (for fees incurred in attempting to get an order to compel).
This is the form to be provided to the court to prove the requested answers were provided: http://www.flcourts.org/core/fileparse.php/293/urlt/930d.pdf
Relevant rule here:
1) A financial affidavit in substantial conformity with Florida Family Law Rules of Procedure Form 12.902(b) if the party's gross annual income is less than $50,000, or Florida Family Law Rules of Procedure Form 12.902(c) if the party's gross annual income is equal to or more than $50,000, which requirement cannot be waived by the parties. The financial affidavits must also be filed with the court. A party may request, by using the Standard Family Law Interrogatories, or the court on its own motion may order, a party whose gross annual income is less than $50,000 to complete Florida Family Law Rules of Procedure Form 12.902(c).
RULE 12.380. FAILURE TO MAKE DISCOVERY; SANCTIONS
Florida Rule of Civil Procedure 1.380 shall govern the failure to make discovery in family law matters and related sanctions, with the following additions.
(a) A party may apply for an order compelling discovery in the manner set forth in rule 1.380 for the failure of any person to comply with any discovery request or requirement under the family law rules, including, but not limited to, the failure to comply with rule 12.285.
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Customer: replied 1 year ago.
Who does the gross income apply to?
I make less than 50000 and have already submitted my financial affidavit.
Customer: replied 1 year ago.
My ex has not completed his interrogation either stating he is NOT MARRIED TO ME
Customer: replied 1 year ago.
We already met and mediation have failed
Customer: replied 1 year ago.
I have also counter petition the lawyers request for a long form.
DO I STILL NEED To produce..it?
Expert:  LegalGems replied 1 year ago.
It applies to the party that the request is being made of. If the party makes less than $50,000 they still must disclose information. (short form accessible here: http://www.jud6.org/generalpublic/representingyourself/approvedforms/902b.pdf)
The interrogatories are proper in family law proceedings - it need not be a divorce; it can be dealing with child support.
If the other party refuses to disclose the requested information, the party that is requesting the information can also bring a motion to compel and request for attorney fees.
I just saw your last post. If income is under $50,000 then the short form is proper, not the long form.
Customer: replied 1 year ago.
I have already submitted the short form.
Customer: replied 1 year ago.
And have responded in my counter petition that I am unable to produce the long form.
Customer: replied 1 year ago.
Should I file harassment. ?
Customer: replied 1 year ago.
I believe his attorney is trying to intimidate me to signing the agreement.
Customer: replied 1 year ago.
Can I ask for the same interrogation , since my ex didn't provide one?
It was blank. .with only his gross income .nothing was filled out??
Customer: replied 1 year ago.
My ex earns more than(###) ###-####and have not filed a long form , should I counter request a standard family law interrogation from him?
Expert:  LegalGems replied 1 year ago.
One can bring an action for sanctions based on frivolous discovery requests (a successful motion typically results in attorney fees). A harassment lawsuit is not proper in the family law arena because it would serve to stifle potentially legitimate proceedings/filings, which is why the proper course is a request for sanctions.
Yes, the long form would be appropriate for that income and a request can be made for the completion and delivery of such information (I'm sorry for the delay; your last post prevented my post from going through, so I had to edit post in order to reply to you).
Customer: replied 1 year ago.
Should I file a sanction ? How should I respond to this request.?
Expert:  LegalGems replied 1 year ago.
We can't give specific legal advice or advise a course of action; we can only provide general information from which the customer can make a decision on which options are best for him/her.
The options would be to either comply with the request for discovery, or to fle a sanction request based on allegations of frivolous requests (ie information requested does not pertain to underlying issue or is irrelevant)
Customer: replied 1 year ago.
If I am compelled to produce long form and is given a motion to compel, will a judge make final decision? ????
Will I be ordered to pay attorney fees still.
Expert:  LegalGems replied 1 year ago.
Yes the judge will make the final decision. I'd the judge orders that the party complete the requested discovery they do typically award attorney fees; however it is discretionary so it is up to the individual presiding judge.
Customer: replied 1 year ago.
Thanks
Expert:  LegalGems replied 1 year ago.
You are most welcome. Please don't forget to rate positively so the site credits my account for assisting you. Thanks and take care.
Expert:  LegalGems replied 1 year ago.
Here is a link to help locate an attorney:
www.findlegalhelp.org and http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm
Of course, should you have other questions please do not hesitate to post here.
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Thank you for extending this courtesy as I am an individual contributor so ratings are quite important , and take care!

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