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Law Tutor, Esq.
Law Tutor, Esq., Lawyer
Category: Family Law
Satisfied Customers: 165
Experience:  N/A
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It is my intention to request that jurisdictional discovery

Customer Question

It is my intention to request that jurisdictional discovery be conducted. Do I express my request in writing, when submitting the motion or in person at the hearing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Tutor, Esq. replied 1 year ago.

Hello. I am an attorney with experience in multiple jurisdictions and I look forward to assisting you today. Note: (1) If you want legal advice, please consult with a local attorney before acting or deciding not to act; information given here is for educational purposes only; (2) No specific course of action is proposed and no attorney-client relationship or privilege is formed herein; and by continuing, you confirm that you understand and agree to these terms and other site disclaimers.

In what court is this pending? What are the details?

Customer: replied 1 year ago.
Family.I recently got divorced, and as per the decree released on June 13th, 2016, my ex is to pay me $150 a month (for health insurance premium I paid for him while the divorce case was pending, attorney's fees, expenses that I have incurred while he forcefully kept me away from US). Since the decree, he has not paid a penny, and when I asked when he would start paying, he never answered my question. I have not gone to court to enforce the decree, as I was hoping to have communication with him regarding the issue first. But he filed a motion for reduction of monthly payment for debt resolution. He presented pay stubs, and omitted to report sources of income for the work he does as a 1099 freelancer, which of course I hold no records of.
Expert:  Law Tutor, Esq. replied 1 year ago.

So to be clear, you are not objecting to jurisdiction - you are just looking to propound discovery on him to get the financial information - correct?

Customer: replied 1 year ago.
Correct. I am not objecting jurisdiction. (however, how would I know if I had ground to object jurisdiction?)
Expert:  Law Tutor, Esq. replied 1 year ago.

If he filed the motion to reduce the monthly payment in the same court where the divorce was finalized, you will probably have a very difficult time challenging jurisdiction, since the court does have jurisdiction over the matter. As for the request for discovery, depending upon what court you are in, you may be able to file and serve your ex-husband with a Subpoena Duces Tecum to get him to turn over the documents you are seeking. You may want to request tax returns and bank statements. The clerks at the court can be very helpful. Call the court to see if they have a Subpoena Duces Tecum form available and ask if you can file it in your case. I hope this helps.

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