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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Socrateaser, I believe in Indiana, 30 days is allowed to

Customer Question

I believe in Indiana, 30 days is allowed for responses to Discovery questions, correct? What happens when there's less than 30 days between filing a request for a Hearing, and the Hearing date, and the responses aren't provided?
I filed on November 9th for 1. a modification to Child Support,
2. for the court to order my Ex to correct an insurance situation (she is no longer providing insurance for my daughter...she had her husband place my daughter on his high deductable plan, which means I now get hit with large deductable expense monthly), and 3. for Tax Returns to be included in the annual documents we exchange to monitor incomes (they are not currently required, and I found out she has rental income she has not disclosed. Exchanging Tax Returns would prevent this in the future).
The Hearing date set for 12/3. My Ex is never cooperative, and I'm sure she will just ignore my Discovery requests due to the short time frame. I don't prefer to put the hearing off, to allow 30 days to pass, so I can then file a Motion to Compel, etc., because of the high Child Support I need to get modifed asap due to my job loss. Should I go to the hearing, get the Child Support settled, and ask for a continuation on the other matters, showing she has not responded to Discovery? Or is there a better way? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

If you don't want to put off the hearing to allow 30 days to go by your only other option would be to issue a subpoena to attend and produce and identify on the subpoena the tax returns and financial information you want her to bring with her to the preceding. You will then have to look at it on the spot you will not have it early. However this is your only option other than postponing the hearing date.

I hope that this information is helpful and I wish you the best of luck reducing your support obligation.

Customer: replied 1 year ago.

Thank you.

Expert:  mmdesq replied 1 year ago.

Your welcome.