Production of Documents

[gaems143]

What is the name of your state? Ga

I have received a Production of Documents from her lawyer asking for income taxes for 4 years, credit card purchases for 4 years, banking information, safe deposit box info., my social security number, my health info.,witness list, any vacations I've taken in the last 24 months, activities I've participated in with the children and days that I've not exercised my visitation and why.

Do I really have to give her all this information for her "to view and copy"?

 

[JBMD]

I was in a similar situation and my lawyer filed with the court to have it dismissed as harrassing. Also, just an FYI a production of documents request is usually used by lawyers to get as much info as possible. I wouldn't give up anything until the judge orders you too.

THis isn't legal advice, but in my experience with all this ... your ex is just being a pain in the ass and her lawyer is helping her do it.

I would discuss this with your lawyer, which I assume you would have already if you have one, as he should have received the request.

Don't panic .... they can request all they want, but until the judge orders it, I wouldn't give it up. The only thing that even appears relevant is your last years tax return.

Also, keep in mind that typically they can't go back past the last order. Meaning, anything that they are requesting that is dated prior to the last order doesn't count for squat.

AGAIN - this is just what happened with me in Dec 05 and not to be considered legal advice.

 

[gaems143]

So, I don't have to give her anything?

Would it "look" better if I was to semi-cooperate like giving my W2's?

 

[LdiJ]

So, I don't have to give her anything?

Would it "look" better if I was to semi-cooperate like giving my W2's?

Yes, I think you should semi cooperate by producing the W2s, your witness list, and maybe even the days you have not exercised visitation and why.

These are all things that the judge would expect you to produce.

 

[casa]

What is the name of your state? Ga

I have received a Production of Documents from her lawyer asking for income taxes for 4 years, credit card purchases for 4 years, banking information, safe deposit box info., my social security number, my health info.,witness list, any vacations I've taken in the last 24 months, activities I've participated in with the children and days that I've not exercised my visitation and why.

Do I really have to give her all this information for her "to view and copy"?

I'm not in GA...but in CA this is pretty standard. In fact, you MUST complete income/expense declarations (which include tax filings, checking, cc account info. etc.)

The vacations and activities with the kids is very 'normal' information to request in custody proceedings.

Safe deposit box 'info' or itemized cc purchases is a bit absurd. Usually it suffices to just address that yes, you have x,y or z credit card.

You were served with a motion to produce documents...and that 'typically' means that Yes, you must provide them. If not, it's up to the judge to determine Why you didn't want to provide them.

Start by checking GA Domestic/Family code re; rules of evidence etc.

 

[weenor]

You need to check with a lawyer period...No one on this site can tell what you must produce without knowing whether this is a divorce proceeding or a post divorce modification for custody and/or child support. Most attorneys will tell you to send it all...but again it depends on what issues will be before the judge. Revelance in this case can only be determined by a local attorney who can review your entire case.

 

[rmet4nzkx]

What is the name of your state? Ga

I have received a Production of Documents from her lawyer asking for income taxes for 4 years, credit card purchases for 4 years, banking information, safe deposit box info., my social security number, my health info.,witness list, any vacations I've taken in the last 24 months, activities I've participated in with the children and days that I've not exercised my visitation and why.

Do I really have to give her all this information for her "to view and copy"?

When you fail to give sufficient facts it makes it difficult to give advice. But you/husband opened a can of worms when he filed to ger custody based on mom's relaitonship of the last few years, thus the request for just about everything that can be documented, it is to be expected.
https://forum.freeadvice.com/showthread.php?t=286692
10-29-2005, 07:18 AM

Cruelty to Children

What is the name of your state?Ga.
My husband's ex married a felon this past year who is on probation for Cruelty to Children. She had sole custody for 8 years. We just found out about his record. She never told us. They have been married for 3 years. He can be around other children just not his. His house was searched 3 months ago and 7 guns were found in their house. Since he was not home at the time of the search, they didn't arrest him, just a slap on the wrist. Is it possible for my husband to get full custody due to this. He is not behind on child support and always get the kids every other weekend if she lets him.

. . . . . . . . . .

In all your posts you are searching for evidence to use against his ex, now they are doing the same, your attorney should have told you this would happen and to be prepared.

 

[acmb05]

I dont think

I'm not in GA...but in CA this is pretty standard. In fact, you MUST complete income/expense declarations (which include tax filings, checking, cc account info. etc.)

The vacations and activities with the kids is very 'normal' information to request in custody proceedings.

Safe deposit box 'info' or itemized cc purchases is a bit absurd. Usually it suffices to just address that yes, you have x,y or z credit card.

You were served with a motion to produce documents...and that 'typically' means that Yes, you must provide them. If not, it's up to the judge to determine Why you didn't want to provide them.

Start by checking GA Domestic/Family code re; rules of evidence etc.

He was served with a motion by the courts, just his ex's attorney wanting to get as much info from him as he is willing to give.

 

[casa]

He was served with a motion by the courts, just his ex's attorney wanting to get as much info from him as he is willing to give.

OP didn't write exact verbiage, but a motion to produce documents should be complied with, as long as they are reasonable. Custody action would address information re; time spent with children. Child Support or Custody would addres financial/tax information.

It's always best to comply with as much as possible.

 

[acmb05]

I agree with that

OP didn't write exact verbiage, but a motion to produce documents should be complied with, as long as they are reasonable. Custody action would address information re; time spent with children. Child Support or Custody would addres financial/tax information.

It's always best to comply with as much as possible.

I was only looking at the point he asked about if he HAS to and that all depends on if it is a motion from the court or just a request from her lawyer.

If it is a motion from the court then he HAS to if it is just a request from her attorney then he does NOT have to.

4 years banking info and tax records is a little extreme dont you think?

Also unless the court orders it I would not give my SS number to her attorney at all.

 

[weenor]

He was served with a motion by the courts, just his ex's attorney wanting to get as much info from him as he is willing to give.

No he was served with Requests for Production ( and possibly interrogatories) which is allowed in any civil lawsuit under the rules of civil procedure. Probably rule 34 in that state as most states have adopted the Federal Rules with some modifications...

Now- thanks rmet's digging skills we all now know that op's husband is in a full blown custody fight and just about everything is relevant and must be produced pursuant to the requests. Sure you can refuse to produce things but then the ex's lawyer would file a Motion to Compel, the judge would get angry and order everything to be produced anyway. Then when you have the hearing for custody modification the same judge will love you to death. NOT. OP as the current spouse, stepmom, your income is not relevant. If you filed jointly, you can redact your income information (black it out) and produce the copies.

 

[rmet4nzkx]

He was served with a motion by the courts, just his ex's attorney wanting to get as much info from him as he is willing to give.

OP's husband filed a custody modification to change from his ex having sole custody to him having sole custody, the ex is responding with a request for production of documents, pretty standard and relevant since they are looking at the background of the ex's new husband etc. Since that covers a 3 year period they will go back further.

 

[gaems143]

Can't I just offer up my W2's and not income taxes, credit card statements etc. on the arguement that it does contain information about my spouse that she doens't need to know.

I only have visitation every other weekend now and some holidays and my CS is current and I get our children everytime she lets me. Why is my credit card information relevant? I don't understand. I thought only my income produced from my jobs was the only thing relevant. ????

 

[rmet4nzkx]

No he was served with Requests for Production ( and possibly interrogatories) which is allowed in any civil lawsuit under the rules of civil procedure. Probably rule 34 in that state as most states have adopted the Federal Rules with some modifications...

Now- thanks rmet's digging skills we all now know that op's husband is in a full blown custody fight and just about everything is relevant and must be produced pursuant to the requests. Sure you can refuse to produce things but then the ex's lawyer would file a Motion to Compel, the judge would get angry and order everything to be produced anyway. Then when you have the hearing for custody modification the same judge will love you to death. NOT. OP as the current spouse, stepmom, your income is not relevant. If you filed jointly, you can redact your income information (black it out) and produce the copies.

Thank you! Why do OP's think they can always manipulate the facts in order to get the advice they want and not figure that the judge hasn't seen it before? In this case, the ex will respond that her husband is no danger and only cant be around his own child. We must remember that things happen which might result in a felony charge but be considered to be a one time event as opposed to a pattern, this is often the case in crimes of passion or manslaughter, the offenders may otherwise rehab quite well.

 

[weenor]

Can't I just offer up my W2's and not income taxes, credit card statements etc. on the arguement that it does contain information about my spouse that she doens't need to know.

I only have visitation every other weekend now and some holidays and my CS is current and I get our children everytime she lets me. Why is my credit card information relevant? I don't understand. I thought only my income produced from my jobs was the only thing relevant. ????

Getting confused on the posters- I take it that we are now addressing Dad who wants custody.... Dad produce everything and have your lawyer black out any financial information about your spouse.

As to any other information regarding your current spouse... rmet is right...tit for tat...since your are alleging that ex's hubby creates a dangerous environment for whatever reason...ex has the right to argue the same about yours...so they will dig for dirt on her as well and any judge would likely allow that.