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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118789
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I live in Florida and I recently did a production of non

Customer Question

Hi Pearl, I live in Florida and I recently did a production of non party to my ex husband and his employer. Three days after sending this out my ex husband retained a lawyer who wrote me advising that my ex husband objects to this. What should I do next.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No not yet
JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?
Customer: my ex husband constantly comes to court and tell the judge and child support that he doesn't work to only pay small amounts of child support. Not only are these lies I have proof of him working a well paying job. Since hiring a lawyer is out of my budget what should my next course of action be to try to get his work documents
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Just sending you a notice they object to it without more is not sufficient. Your next step is to contact the attorney and ask what they object to first. If they do not reply or if their objection is frivolous, your next step is filing a motion to compel production. The court will set a hearing for the defendant to come in and both of you to present your information to the court as to why the information should or should not be delivered pursuant to the subpoena.
If this has to do with his income, there is no real valid reason for them to object to you asking the employer for the information and if he continues to interfere with his employer releasing the information you can get sanctions against him by filing a motion for an order to show cause for contempt against him and the employer both.
Customer: replied 1 year ago.
Thank you so much. If I contact his attorney tomorrow and get no answers how soon should I proceed with the motion to compel
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, if they will not answer, you need to send them a letter asking them to comply first and tell them this is your good faith attempt to settle the discovery issue. You need to do it in writing, because in the motion to compel you have to state you made good faith efforts to resolve the matter and the letter is your proof.
Customer: replied 1 year ago.
Okay, Thank you, you have been very helpful.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
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