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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2511
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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How can I prevent my ex from getting my new med records?

Customer Question

How can I prevent my ex from getting my new med records? This is the third time we are in court and he gets them each time to try and get out of ch support and alimony (im on disability and in cancer treatment) and im sic of being harassed about it. The stress of these courts are enough to bring on the cancer again, but he always tries to tell the court that he can prove by my revords that im either an unfit mother or should be working ft. I say he doesnt know as much as a federal agent for social security who personally reviews my case each year for 6 years and approves my disabilities. Do i have to be forced to keep giving him updated materials and getting badgered each year in court about this? JA: Thanks. Can you give me any more details about your issue? Customer: My name is ***** ******. Im in family court. Divorced in 2008 have full custody and he has every othr weekend and summer holidays. and ex has tried to get custody each year since then but they dont want to be with him and arent exercising custody for three years. He always gets my medical records and tries to prove im either unfit, so he can get custody, or that im fit enough to work, which means he doesnt have to pay as much. JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Also, during our divorce in 2008 i had a free attorney who was awful, i think a business atty...and i was going thru stage threeC cencer concurrent. I dont remember much...but i found out today in court that my ex, who is BFS, had the judge put some protective order on his future jobs he would have as a consultant. He said he was worried i would call them or some dumb thing, i dont really know and my atty back then never even objected or talked about it. What did happen is that hes been only required to give me versions of his tax retirn for income verification, and sometimes they have been different. I know he did this so he can control how much he pays me in ch support, because he can put any amt in the boxes on those do it yourself tax forms he sends me. He doesnt even send the final ones. Now hes refusing to send me the last contract and new contract for his job change that requires him to lower ch. support, alimony, and insurance coverage! How can we really know if he is really making less for any of those things if hes not forced to give me contracts? He says its privelidged info! And the Court Commissioner said if the judge in our divorce granted him privacy or whatever word he used then I dont have any right to see the contracts. How can I get the old judge to reverse that decision? Can i request the reversal because Im on ssi and in cancer treatment still and cant afford another loss on the income side with both kids here full time. We all know he makes more than he reveals because he flies planes and is soon purchasing one and he just told my kids he was looking at a used tesla for a car. How can I get those contracts before he snows the judge again?
Expert:  S. Kincaid replied 1 year ago.

What state is this in?

Customer: replied 1 year ago.
home of the good ol boys justice leage...
Customer: replied 1 year ago.
i signed up for the monthly 46$ unlimited.
Expert:  S. Kincaid replied 1 year ago.

Sorry about the delay. I was ill earlier. How is he getting your records? Through subpoenas?

Customer: replied 1 year ago.
Through discovery. He claims because of my disability and worsening state of illnesses that I am unfit to parent my two kids who i have had alone, since our divorce. They are both A students, my daughter is 5th in her class as a junior and son is all A/B. But he always wants to take custody away from me so he can get out of paying extremely high ch support. Now he says its cuz he is so worried about my failing health. Last two times it was other made up reasons. In fam court yesterday i was told that i have until the 31st to produce requested discovery so she has time to get ready for the judge. What they always do is pick me apart and harass me.
Expert:  S. Kincaid replied 1 year ago.

If the court has already made a decision, it's too late to challenge it, except perhaps through an appeal process, which is difficult to win. A better option, if you haven't already tried it, is the next time they ask, do a motion for a protective order, stating that the records are privileged, and that the repeated requests are harassing. Did you already try a protective order?

Customer: replied 1 year ago.
No. This is the first time back in court since she mailed discovery. I had spine surgery on 2/9 in between getting the discovery in mail (2/7) and meeting back in court on 3/9. I havent even had a chance to get to the paperwork, i just have been working on walking again and Getting off my walker as of last week. Can I still send the Commish a protective plea now that he has given me till the 31st to get it to her? If I use protective motion, what paperwork do i fill out, when, and how do i present it to court? Do I need a reason to use protective plea? And what reason are they priveliged?
Customer: replied 1 year ago.
If he has brought us to court to ask to pay less alimony, less ch support, and less insurance coverage, why do I have to bring all my medical records again? Shouldnt he be the one bringing records?
Expert:  S. Kincaid replied 1 year ago.

The motion for protective order should have been brought before the discovery was due. There is no form motion and I cannot find a sample online to show you. But you could take a Request for Order and indicate that you are requesting a protective order for discovery. You would explain what is being requested of you and why you shouldn't have to comply. Before filing it, you have to have a "discovey conference" with the other party in which you try to resolve the issue cooperatively. Your motion must mention when the discovery conference happened. The reason it is privileged is that medical records are privileged. See Evidence Code 990, et. al. There are exceptions, and you may lose the motion, but it is worthwhile to at least try.

Expert:  S. Kincaid replied 1 year ago.

It sounds like his attorney may have sought a protective order for those records. But without looking at the court file, I cannot be sure.