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Roger
Roger, Attorney
Category: Legal
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Experience:  Litigation Attorney
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I opened my divorce case up in FL because my x has not complied

Customer Question

I opened my divorce case up in FL because my x has not complied with the marital settlement agreement and filed a motion for contempt, pro-se. My X got a lawyer. The divorce was finalized in May 2008. In that motion I told the Judge that my x lied on his financial affidavit and I believe he has been and is hiding assets and income. He has not submitted a quadro for my share of the 401K and he has instead taken out loans against the 401K. His lawyer sent me Request for Production of Documents and Standard Family Law Interrogatories which I responded to by objecting to each question because the questions are asking about my income, assets, etc. which is not in question in this matter. I also sent Request for Production of Documents and Standard Family Law Interrogatories to his lawyer and he responded "objection based on the Former Wife's refusal to participate in any discovery in this matter. The Husband should be awarded attorney fees and costs for the failure of the Former Wife's refusal to participate in the discovery process in this matter." I believe the lawyer doesnt want to respond because he has in fact been hiding assets. I dont see how my income, assets, etc is relevant. What are your thoughts?
Submitted: 3 years ago.
Category: Legal
Expert:  Roger replied 3 years ago.

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.

Roger, Attorney
Category: Legal
Satisfied Customers: 26323
Experience: Litigation Attorney
Roger and 15 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
But wouldnt it only be relevant if there is finding that he has not filed the qdro, given me my share of the 401K and/or lied on the financial affidavit? I just dont feel my private information is relevant until it is found that he has not been honest on his end.
Expert:  Roger replied 3 years ago.

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.

Customer: replied 3 years ago.
I filed a financial affidavit with the court when we filed for divorce in March 2008. Since that time, my income has changed. However, my income now would not be considered would it? I am under the impression that my income at the time of the divorce (May 2008) would be considered because that is when we filed and the divorce was finalized. But, as I said, I already filed a financial affidavit when we filed for divorce. His lawyer is asking questions about my current home loan, my new husbands income, my current wages, etc. My new husband and I purchased a home last year. I dont see how that is relevant.
Expert:  Roger replied 3 years ago.
You certainly have the right to refuse and wait for the judge to require this of you. However, I think the judge will eventually order you to provide this information.
Customer: replied 3 years ago.
If I do wait, and then the Judge orders me to provide this information, is that grounds for my X husbands lawyer to have me pay his legal fees as he suggested in his objection?
Expert:  Roger replied 3 years ago.

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.

Customer: replied 3 years ago.

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.

Expert:  Roger replied 3 years ago.

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.

Customer: replied 3 years ago.
Ok, I understand now. Thank you for your patience with my questions! I have appreciated your response and it has been very helpful!
Expert:  Roger replied 3 years ago.
Sure. Good luck with this.

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