Hi - my name is XXXXX XXXXX I'm a litigation attorney here to assist you.
Your income and assets are relevant because that is a factor in considering the amount of spousal support you would be entitled to. However, the fact that you haven't participated in discovery isn't a reason or defense for him not to participate.
Your action in preparing and filing a motion to compel discovery is the best and only way to bring this issue to the court. The judge should order him to participate and provide the information requested.
Actually, it is relevant in determining what you would be entitled to. Unless the court knows your income, it cannot calculate the amount without knowing your income.
It can be. If you refuse without legal justification, the court can award attorney's fees for requiring the party to file a motion to compel production of documents or information that you should have been provided without the necessity of a court order.
Ok, I hope I dont offend you with my next question. But, I just want to clarify. So, you are saying that I dont have legal justification to object to his request for production of Documents/Interrogatories, even though 1) it would not be used to calculate how much my x would owe me. As I understand things, if he did lie on his financial affidavit, what he would owe me would be based on what both of our incomes were back in May 2008, and not my current income or assets, 2) it has not yet been established that he did lie on his financial affidavit, 3) it has not been established that he did not file a qdro dividing out the 401K or that he took out a loan aginst the 401K.
If what you are saying is true, then can I deduct that what he would owe me would be based on my income for the past three years? Because otherwise, how is it that my current income would be relevant? I'm having a difficult time believing this. Is there another lawyer who can verify this? Hope you dont take offence Kirk. But, it seems relevent only if he is found in contempt and then it is questionalble since we are already divorced and have been for three years.
I didn't say you don't have legal justification to object. What I said is IF you don't have legal justification and the court orders you to produce the requested documents, the judge can order you to pay his fees. I don't have enough information about your case to determine for certain whether or not you have justification.
I'm not saying that you don't have grounds, but if you don't, you can be saddled with this fee.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).