• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have To??

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

mrskraft

Member
What is the name of your state? CA.


I am going through a child support modification and have given Child Support Services everything they've asked for regarding my income. My ex has not, and hired an attorney in an attempt at preventing it from going up to where CSS says it should be.

This attorney has sent me a "Request For Documents" in the mail. I did not have to sign for this at the post office, nor does it say anywhere that it's been filed with the court. Niether do I see the word "Demand" anywhere.

The information that they're asking me for is extreme and goes back to 2001, and like I said already I've given CSS everything that they said was neccesary.

Do I have to just hand over all my financial records to my ex's attorney just because they've asked for it without a court order or a subpoena?
 


Ohiogal

Ohiogal

Queen Bee
mrskraft said:
What is the name of your state? CA.


I am going through a child support modification and have given Child Support Services everything they've asked for regarding my income. My ex has not, and hired an attorney in an attempt at preventing it from going up to where CSS says it should be.

This attorney has sent me a "Request For Documents" in the mail. I did not have to sign for this at the post office, nor does it say anywhere that it's been filed with the court. Niether do I see the word "Demand" anywhere.

The information that they're asking me for is extreme and goes back to 2001, and like I said already I've given CSS everything that they said was neccesary.

Do I have to just hand over all my financial records to my ex's attorney just because they've asked for it without a court order or a subpoena?
Click to expand...
You have to answer the request. Then if you refuse to provide it, don't be surprised if the attorney does get a court order to force you to provide it.
 
N

nicetryadmin

Guest
mrskraft said:
What is the name of your state? CA.


I am going through a child support modification and have given Child Support Services everything they've asked for regarding my income. My ex has not, and hired an attorney in an attempt at preventing it from going up to where CSS says it should be.

This attorney has sent me a "Request For Documents" in the mail. I did not have to sign for this at the post office, nor does it say anywhere that it's been filed with the court. Niether do I see the word "Demand" anywhere.

The information that they're asking me for is extreme and goes back to 2001, and like I said already I've given CSS everything that they said was neccesary.

Do I have to just hand over all my financial records to my ex's attorney just because they've asked for it without a court order or a subpoena?
Click to expand...
Yes, you do have to hand it over. "Request" is just a nice way of saying "demand." Plus, the parties can serve the other with interrogatories and request to produce without going through the court. As Ohiogal stated, if you fail to comply, then the courts can get involved and then sanctions are involved could result in you paying HIS attorney fees, etc.
 
B

BelizeBreeze

Senior Member
Actually, I am of the other opinion.

I would council never to proffer any information without the court's knowledge and approval. so I would simply inform the attorney that if such a 'request' is made of you through a subpoena or other court order, you would be happen to comply. Otherwise, you have no intention of volunteering information that you have already submitted to CSE.
 
T

tigger22472

Senior Member
You must provide all that is easily accessable for you to get. To go back 5 years could be excessive and you could claim on some of it that it's undue burden on you but you would have to answer that way in the request.
 
Ohiogal

Ohiogal

Queen Bee
BelizeBreeze said:
Actually, I am of the other opinion.

I would council never to proffer any information without the court's knowledge and approval. so I would simply inform the attorney that if such a 'request' is made of you through a subpoena or other court order, you would be happen to comply. Otherwise, you have no intention of volunteering information that you have already submitted to CSE.
Click to expand...
But that is responding. I never said she needed to respond by giving anything up. She just needs to respond that she won't reveal anything without a court order. If she doesn't respond at all that could lead to problems depending on how the requests are worded. If you fail to respond to admissions then they are likely by default to be admitted. So she needs to respond. I didn't tell her what she needed to say. I should have been more verbose.
 
B

BelizeBreeze

Senior Member
Ohiogal said:
But that is responding. I never said she needed to respond by giving anything up. She just needs to respond that she won't reveal anything without a court order. If she doesn't respond at all that could lead to problems depending on how the requests are worded. If you fail to respond to admissions then they are likely by default to be admitted. So she needs to respond. I didn't tell her what she needed to say. I should have been more verbose.
Click to expand...
That's ok, I'm verbose enough for the both of us :)
 
M

mrskraft

Member
I don't have anything to hide. You see we just went through all this in 2003 with the court and all the financial disclosures. Again, I gave all of my finacial info (paycheck stubs, 2 years taxes and property information, along with answering all the questions regarding income & expense. I was honest and complete with everything. He wouldn't respond to them at all. They had to estimate his earnings by obtaining his through Social Security.

I'm certain this is just him & his attorney trying to delay and confound the Child Support Services modification. CSS is also going after him for the last 2 years of reto support due to his failure to notify either of us of his change of income & return to work. Not to mention his now wife's father is well fixed and I'm quite sure the thought of paying me 1 dime more sent her crying to daddy for money for this attorney.
 
N

nicetryadmin

Guest
mrskraft said:
Not to mention his now wife's father is well fixed and I'm quite sure the thought of paying me 1 dime more sent her crying to daddy for money for this attorney.
Click to expand...
Not to mention this has WHAT to do with anything that is remotely relevant??!! :rolleyes:
 
N

nicetryadmin

Guest
Ohiogal said:
But that is responding. I never said she needed to respond by giving anything up. She just needs to respond that she won't reveal anything without a court order. If she doesn't respond at all that could lead to problems depending on how the requests are worded. If you fail to respond to admissions then they are likely by default to be admitted. So she needs to respond. I didn't tell her what she needed to say. I should have been more verbose.
Click to expand...
Plus, something I just remembered, since she is going through CSEA, IIRC, she isn't required to submit this to the ex's attorney, unlike if it was going through the courts for a modification, where the parties are required to exchange financial docs. Unless I am confusing this with something else.... :confused:
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top