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How many years of financial information can i ask for in

discovery for alimony case. Moved...
How many years of financial information can i ask for in discovery for alimony case. Moved out of marital home in May 2015, Divorce final in July 2016. Alimony requested July 2016.Temp Child support order received in Aug 2015 and perm hearing is coming up, Plaintiff has been ordered to turn over financials beginning Aug 2015.
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Answered in 3 minutes by:
10/15/2016
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 31,018
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

You're allowed to ask for whatever documentation you need to help prove the standard of living during the marriage, including how much each spouse was making. There isn't a specific limit. Most banks won't have records more than 7 years old. If the other party feels that your request is too broad, they can take it to the judge. You should be able to get all records since the separation, at least, and a couple of years before without showing a specific need for it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Customer reply replied 1 year ago
My intent is to ask for records beginning 2 years prior to separation, but i know that his attorney will try to object as we just had a hearing on a motion to compel for other issues. I need to be able to cite a specific case to back up my request. She has continually stated that anything prior to separation is not relevant. Judge did not compel prior request because the request was made months prior to Alimony motion being filed and she stated she did not know that i would be requesting Alimony so did not feel it was relevant to the issues. I need case law to help the Judge agree with me when she objects to providing information requested. He always ask for case law.

I'm going to opt out. In the future, please put a request for case law in your question, as we do not all have the ability to provide it. Have a good day.

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Customer reply replied 1 year ago
Thank you for your response, i am looking for a more complete answer versus a generic answer.
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified

What issue do you want the case law to address? Whether you may discover records for two years prior to the separation? What was the date of separation?

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Customer reply replied 1 year ago
The date of separation would be the date I moved out which was May 2015. I want to receive financial information for at least two years prior to that date. It's for Alimony action and Adultery is involved. I need to be able to shiow the lifestyle we shared and the fact that he provided it.

I'm a little confused as to how either party is seeking alimony after the divorce is entered. In North Carolina, the parties must still be married when a claim for postseparation support or alimony is filed. They cannot have been divorced when such a claim is first filed. Which one of you filed for alimony?

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Customer reply replied 1 year ago
I'm not sure what's confusing. I am asking a question about Discovery in a case pertaining to Alimony. The Alimony claim was filed by me prior to Divorce being which is in accordance to NC law.

Ok. I thought this was a new action.

There is no case law specifically setting forth a number of years. The standard is simply that your request cannot be unduly burdensome. You can ask for any number of years you would like. Then, if the other party seeks a protective order, the judge has to decide whether what you are asking for constitutes an unfair burden or expense on the other party.

Justice Lake, speaking for the Supreme Court in Tennessee-Carolina Transportation, Inc. v. Strick Corp., 291 N.C. 618, 626-7, 231 S.E.2d 597, 602 (1977) on rehearing from 289 N.C. 587, 223 S.E.2d 346 (1976), wrote:

“The authority of the trial judge to issue . . . (a) protective order (under Rule 26(c)) is not unqualified. The statute provides that such order may be issued only ‘for good cause shown’ and that it may be issued only ‘to protect a party or person from unreasonable annoyance, embarrassment, oppression or undue burden or expense.’ ”

I have never heard of two years of records being considered unduly burdensome. But if the judge asks you for case law, you can always say that a protective order may only be granted for "good cause shown" and to protect against undue burden or expense, and then explain why this is not an undue burden or expense.

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Customer reply replied 1 year ago
Thank you, that's just what I was looking for. I'm sorry if I wasn't very clear in my question.

Not a problem. Sorry I was gone over the weekend.

S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2,512
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Verified
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S. Kincaid
S. Kincaid
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Category: Family Law
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