Separate Attorney

[gaems143]

What is the name of your state? Georgia

Has anyone ever heard of the step-mother getting a separate attorney from the husband? (He is going through a modification and has his own attorney). The attorney for the step-mom would be to protect her interests (disclosure of income, slander from the biomom, etc.)? Would it benefit the step-mom in any way?

 

[Zephyr]

step mom isn't even a party to the case...why will she even be there? was she subpoenaed? if she not there she can't be asked questions....

 

[nextwife]

Did someone ask for her financial info/assets?

 

[gaems143]

My financial assests including but not limited too: banking info, credit card info, net worth, tax returns, bank statements, check stubs. The attorney was questioned as to why I had to produce this. His response was that this was "pretty standard". If I am not a party why do I have to produce these records. Do I need my own attorney because I refuse to hand over these documents.

 

[SingleMom67]

First, who is saying you have to produce these documents? If it's just an attorney and not a judge, I would be inclined to wait until they were subpoenaed. Secondly, are your funds co-mingled with your husband's? Tax returns filed jointly? If so, then yes, you'll have to produce them. If he's behind in support and/or voluntarily underemployed, you'll have an even hard time getting out of NOT being required to produce them.

 

[gaems143]

The only thing co-mingled are the tax returns because we itemized and our checking account. The other items she requested are asked for separately (e.g...... {my husband} and spouse ).

Her attorney requested these documents. My husbands attorney stated this was "standard" and if I didn't produce them then her attorney would just file a "Motion to Compel".. Is that the same this as a subpoena or an order from the judge? Why does my net worth mean anything?

I understand that I am a separate entity from this whole thing and I have no rights. But why is my money and records her right to "inspect and copy"? They don't ask about my involvement with the children just my money situation.

 

[SingleMom67]

https://forum.freeadvice.com/showthread.php?t=301628

Why do you insist on asking the same questions over and over?

 

[gaems143]

Thank you for your concern, but my question was about the step mother obtaining her own attorney for privacy purposes. The extra information was back ground to help get the correct legal advice.

 

[critterperson]

What is the name of your state? Georgia

Has anyone ever heard of the step-mother getting a separate attorney from the husband? (He is going through a modification and has his own attorney). The attorney for the step-mom would be to protect her interests (disclosure of income, slander from the biomom, etc.)? Would it benefit the step-mom in any way?

You should not need an attorney as you are not a party to the case....Do you feel that there is something in your information that needs to be hidden from your husbands ex? If the judge wants to see your information he will see it regardless of you having, or not having an attorney...In most cases (at least in Illinois) the only time the new spouse income is looked at is when the opposing party feels that income is being hidden from a cash business or rental income that they are conveniently giving to their new spouse as a salary or cash gift....You getting an attorney may just make the judge think you have something to hide...Just my opinion...But I wouldn't pay another attorney just to eventually have to give over your information anyway….Also as far a slander, the ex can say anything about you she likes... as long as it is her opinion, and she is not using that information to damage your standing at your job or in your community…Basically, slander is very difficult to prove especially in your situation being the new wife. Hateful conversations and name calling is very common in your situation, and is normally not actionable….. Good Luck to you!!!

 

[nicetryadmin]

Thank you for your concern, but my question was about the step mother obtaining her own attorney for privacy purposes. The extra information was back ground to help get the correct legal advice.

Of course she can retain her own attorney for this stuff. Any documents asking for her information will then be forwarded to her attorney. One quick response from her attorney should easily put an end to the requests of the new spouse's docs. I think SOME attorneys pull this crap to see if they can get away with it.

As far as tax returns, just black out her information as it's irrelevant. I do it.

 

[gaems143]

Thank you for your replies.

We are not hiding assets. My husband is handing over his info. because he has to, they are his children.

My info. is private. The money hungry lizard (sorry)should not be required to see mine. I do not feel safe showing my info. If I am ordered to give it up, then I will have to close all my stuff including banking and start over from scratch. I would rather hire an attorney then go through this hassel.

 

[MrsK]

I would not hire an atty.

You DO NOT have to give up your info unless the JUDGE makes you do so. If its just the ex's atty asking for it, dont send it.

Even if you do have an atty, if the judge orders you to give up your info, you will have to. So really, an atty just for the stepmom would sort of be pointless.