Undue Burden in CS Case

What is the name of your state?What is the name of your state?Alabama

I have a pending CS case in October that stems from a CS reduction I received through petitioning the court. I received the reduction because my daughter turned 19 and is in college and the divorce states that CS terminates at that time. Her college is being paid fro by a trust fund my parents set up. My wife is contesting the reduction and I got a deposition notice. HERE IS THE PROBLEM - In the deposition request was made for bank statements for 4 years, all expenses, any money my parents had given me including gifts, all money I had spent on the children, etc. The problem is I gave them all this information less than 2 years ago in a Custody Modification that I won. They then deposed my parents age 76 and 72 who both have health problems and grilled them for 4 hours. There were 36 items requested in my deposition and 27 in my parents. It took over a month to gather all the information they needed. The judge dissalowed some of the production but I was stll left with 22 items I had to produce. My ex wifes lawyer also requested 11 items that had to do with my current wifes financial information, a painful medical condition I suffer from and medical records. This seems totally uneccessary for a CS hearing or am I wrong? This will be the 3rd time I have produced the same information. First for the divorce, second for the Custody Modification and now this. How many times do I have to keep producing the same information and then having my parents dragged into it and having them produce stacks of information also? This is very stressful on my parents and a great disruption to my life. The jidge has already told my ex's attorney he will not allow CS for my oldest duaghter in college but she continues to pursue the case. IS THERE ANY WAY TO STOP THIS INSANITY AND IS THERE ANY BASIS FOR FILING A COMPLAINT AGAINST MY EX WIFES ATTORNEY? Any advice is welcome.

rba777 said:

What is the name of your state?What is the name of your state?Alabama

I have a pending CS case in October that stems from a CS reduction I received through petitioning the court. I received the reduction because my daughter turned 19 and is in college and the divorce states that CS terminates at that time. Her college is being paid fro by a trust fund my parents set up. My wife is contesting the reduction and I got a deposition notice. ......They then deposed my parents age 76 and 72 who both have health problems and grilled them for 4 hours. Any advice is welcome.

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This is not legal advice. It just ticks me off how unappreciative she seems to be of the great gift of college that your parents CHOSE to provide your daughter. They are not obligated to do that and it is a shame she does not seem to appreciate that at 19 many of us were paying for our OWN college educations. She should leave them the heck alone.

Good luck.

I wish she would but I know that is not going to happen. She never appreciated anything my parents did for us even when we were married. Her mission in life is to go after me and my families money and make our lives miserable.

Sounds like a sad situation, but not malpractice, particularly if the court upheld 22 of the requests (was some sort of motion for a protective order made? How did the issue get before the Judge in the first place?)

If you already produced the docs once (or more), how hard can it be to copy them one more time?

The issue got before the judge when I filed for a CS modification and the judge set a hearing. Then was when I started getting deposition notices. This was the only motion filed and granted. The reason I object to producing the same information over and over again is because it takes time, and I don't see the relevance to the case. CS is based on Rule 32 Guidelines based in your income. Also every time I am deposed my parents are also and my parents have health problems. My mother has high blood pressure and my father heart problems. Naturally I am concerned the stress of depositions and court may endanger their health. There has been no protective order. My attorney has not mentioned anything about that.