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I received documents from my ex's attorney stating for

I received documents from my...
I received documents from my ex's attorney stating for a"demand for production and inspection of documents and tangible things" They want me to show them all bank statements, checks written, pay raises, retirement funds, stocks and bonds, etc.... 6 pages of requests from them.It also states that I can comply with the demand, make a statement that I lack the ability to comply with the demand, or make an objection to this demand in its entirety or in some aspect.What happens if I object to this demand? What are the consequences?
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Answered in 20 minutes by:
3/28/2018
Jessica B
Category: Family Law
Satisfied Customers: 1,681
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello again!

You want to object to as many requests as possible in an attempt to limit the amount of work you have to do as well as restrict the flow of information to the other side as much as is legally possible.

The very first thing to keep in mind is that if you do not have the item they are requesting you do not have to produce it. This is common in divorces where one party leaves the home and documents such as tax return left behind. If you did not take it with you they can’t make you go through all of the trouble of getting a new copy.

You do not have to create anything for the other side. If their request would require that you make something from scratch you are not required to do it. They can only ask that you produce things that you have in your possession or that you have superior access to.

If your spouse has equal access to the item you do not have to produce it. This commonly occurs with things like joint credit card bills. If they have the ability to go online to get them as easily as you do then there is no reason for you to do it for them.

In the end hiding assets or documents is rarely worth the trouble. Putting all your cards on the table will generally work out for the best. If you are involved in a divorce and do not have a lawyer the discovery process, specifically requests for production may force you to retain an attorney to avoid being trapped.

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Customer reply replied 3 months ago
Divorce was finalized back in 2014. Going in to modify child support because of laid off from work.

All the same rules apply. You want to provide as little as possible. You should object to as many requests as possible. There really is no consequence to objecting. The worst that could happen is that the judge denies your objection and you are required to produce the document.

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Customer reply replied 3 months ago
I am representing myself because I cannot afford an attorney. My ex has hired an attorney to do all the paperwork for her because she can afford it. What are some things that I need to watch out for in this case? It got me worried when you mentioned something about avoid being trapped. What are some of the tactics respondents will do with an attorney that can in the end screw me, someone without an attorney.

Many times when you receive a request to produce, the other attorney asks for everything under the sun, hoping you produce everything, when in fact you may object to the request. Basically you want the judge to force you to produce certain documents. When it comes from the judge, then you know it is appropriate to produce the document.

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Customer reply replied 3 months ago
Ahhhh.... got it
Customer reply replied 3 months ago
Should I request for it from them too? As a formality?
Customer reply replied 3 months ago
Even though now, I know they will object themselves

Yes, definitely!

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Customer reply replied 3 months ago
As a civilian, it seems so ridiculous to file and ask for all these documents if nobody is going to dish it out and it’s going to be objected every single time!
Customer reply replied 3 months ago
I am remarried and my ex is getting married in July. In the child support modification, it asks for my wife’s income. Does it matter how much my current wife makes in regards ***** ***** child support that I have to pay to my ex-wife?
Customer reply replied 3 months ago
If this is a new question, should I ask you in another thread or would you like to just keep this one going?

It doesn't cost you anything to file a request to produce. Many times it is a good idea to file one, simply to show that they can't push you around. Also keep in mind that even though they object, the judge may deny their objection.

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Customer reply replied 3 months ago
Ahaaaaaa
Customer reply replied 3 months ago
I have used just answer quite a few times but you by far are the best in explaining and in responding and making me understand my questions and answers easily! Thank you!

A parent’s remarriage, by itself, doesn’t affect that parent’s obligation to financially support a minor child. In some cases, however, a parent’s remarriage, along with other factors, can affect child support.

A new spouse’s income can factor into the child support determination. For example, if a custodial mother remarries a man who earns a considerable income, the mother has more funds to contribute to her children’s expenses. In this case, a judge may lower the father’s child support payment. While the court doesn’t add the stepfather’s income to the mother’s for the child support calculation, the judge may decide that the mother can use more of her own funds to support the child, where the stepfather pays at least a portion of household expenses.

Courts sometimes consider a non-custodial parent’s remarriage during the child support decision as well. In one case, a non-custodial father had remarried and was supporting his new wife and children. The judge ordered him to pay a lower child support amount to his first wife than the guidelines yielded, to account for his need to support his second family. On the other hand, courts won’t increase a non-custodial parent’s child support payment regardless of how much that parent’s new spouse earns.

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Customer reply replied 3 months ago
request to produce would be form FL 300 correct?

No that is not the correct form. Technically there is no set form for a Request to Produce.

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Here is a sample...I know it is from Maryland, but the content applies to California.

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http://www.maryland-familylaw.com/images/form-request-prod-docs_20071019F.pdf

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Customer reply replied 3 months ago
That sounds like my situation. I remarried but I I am the one that puts a roof over my wife and stepdaughter’s head and pay for all utilities. My new wife helps a little bit with the food when we go out to eat and pays for some of the groceries too But the primary financial caretaker of the house is myself. My new wife works and makes her own money but she has her own bills credit card, health insurance, car payments, mortgage on the house that she had purchased nine years before we met. So she has her financial obligations that she Hass to take care of herself.
Customer reply replied 3 months ago
Now on the other hand, my ex-wife is living in the lap of luxury. New car every year, tropical vacations every year, and international vacations here and there, golf club membership, three houses in three different states etc.... she will be married in a few months.

After she gets married you may be able to have payments lowered based on her new spouse's income. Just remember you have rights.

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Customer reply replied 3 months ago
That form looks similar to the one they sent me. I was going to cut and paste it and just switch my name and address with their name and address. Thank you.

No problem! I know sometimes this may seem overwhelming but trust me you can do this without an attorney.

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Customer reply replied 3 months ago
You are my favorite go to attorney now! My current wife will have tons of questions too for you soon!

I really appreciate that! Please mark me as one of your favorites and I'll be happy to help you and your wife with any questions you may have in the future. Thank you!

Jessica B
Category: Family Law
Satisfied Customers: 1,681
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
Jessica B and 87 other Family Law Specialists are ready to help you
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Customer reply replied 3 months ago
We got to court in the beginning of May. My ex is gettin remarried during the 4th of July week. Should I ask for an extension for court to resume in July after her wedding to incorporate her newly married status?
Customer reply replied 3 months ago
I sent you a new question
Customer reply replied 3 months ago
Disregard this last one
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