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Do I have to answer interrogatories?

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pa_ak

Member
What is the name of your state? Alaska

In Nov 2005, I filed paperwork requesting modification of child support order entered in Texas in May 2003. Neither myself or my ex live in Texas. Alaska is now the home state of the children and has been since Jun 2005.

Florida received the paperwork from the Alaska Child support agency in Feb 2006, and filed the order for enforcement in April 2006. In Jan 2007, Florida agreed an increase was warranted. My ex disagreed. So the state filed a supplemental petition for support modification in Feb 2007. In Mar 2007, he hired an attorney and answered this. In April 2007, his attorney filed motions for visitation, enforcement of order and contempt of court against me. I was served with these on July 26, 2007. As of today, there has not been a hearing on the request for modification.

In May 2007, I had filed to register my Texas order in Alaska for enforcement since none of us lived in Texas. The paperwork was sent to my ex as required by law and when no response was received, the order was confirmed as registered (both custody and support). After the confirmation, I filed paperwork for modification of the custody to require re-establishing parent/child relationship. After this was received, his lawyer filed a motion to set aside the confirmation of the registered order stating Florida had jurisdiction. Neither myself nor the children have ever lived in Florida.

The AK judge held a status hearing on Aug 14. At that hearing, it was determined we would hold a hearing telephonically between both courts (Florida and AK) since there seemed to be some question concerning who had jurisdiction of what. Currently the only order present is the Texas order. It has not been modified.

I received in the mail service of Standard Family Law Interrogatories and Family Law Custody Interrogatories. We have a court date of Oct 17 to determine jurisdiction of the custody and support matters (ie which court has jurisdiction over what). All motions had to be filed in either court by Sep 14 and answers by Sep 28. I also received a financial statement from my ex where he claims under oath a mortgage and property taxes. He lives with his mother and a search on the county website does not show him owning any property.

From what I can find on the web, these interrogatories are used in Alaska during initial proceedings only and are no longer mandatory in Florida. I have given Florida (and AK) a financial affidavit along with my current tax return. My understanding is I don't have to answer the standard family law interrogatories; Furthermore, from what I've read, I am not accountable to Florida law in an UIFSA case except for a Financial Affidavit which they have.

Any help would be greatly appreciated.

Thanks:confused:
 


Gracie3787

Senior Member
What is the name of your state? Alaska

In Nov 2005, I filed paperwork requesting modification of child support order entered in Texas in May 2003. Neither myself or my ex live in Texas. Alaska is now the home state of the children and has been since Jun 2005.

Florida received the paperwork from the Alaska Child support agency in Feb 2006, and filed the order for enforcement in April 2006. In Jan 2007, Florida agreed an increase was warranted. My ex disagreed. So the state filed a supplemental petition for support modification in Feb 2007. In Mar 2007, he hired an attorney and answered this. In April 2007, his attorney filed motions for visitation, enforcement of order and contempt of court against me. I was served with these on July 26, 2007. As of today, there has not been a hearing on the request for modification.

In May 2007, I had filed to register my Texas order in Alaska for enforcement since none of us lived in Texas. The paperwork was sent to my ex as required by law and when no response was received, the order was confirmed as registered (both custody and support). After the confirmation, I filed paperwork for modification of the custody to require re-establishing parent/child relationship. After this was received, his lawyer filed a motion to set aside the confirmation of the registered order stating Florida had jurisdiction. Neither myself nor the children have ever lived in Florida.

The AK judge held a status hearing on Aug 14. At that hearing, it was determined we would hold a hearing telephonically between both courts (Florida and AK) since there seemed to be some question concerning who had jurisdiction of what. Currently the only order present is the Texas order. It has not been modified.

I received in the mail service of Standard Family Law Interrogatories and Family Law Custody Interrogatories. We have a court date of Oct 17 to determine jurisdiction of the custody and support matters (ie which court has jurisdiction over what). All motions had to be filed in either court by Sep 14 and answers by Sep 28. I also received a financial statement from my ex where he claims under oath a mortgage and property taxes. He lives with his mother and a search on the county website does not show him owning any property.

From what I can find on the web, these interrogatories are used in Alaska during initial proceedings only and are no longer mandatory in Florida. I have given Florida (and AK) a financial affidavit along with my current tax return. My understanding is I don't have to answer the standard family law interrogatories; Furthermore, from what I've read, I am not accountable to Florida law in an UIFSA case except for a Financial Affidavit which they have.

Any help would be greatly appreciated.

Thanks:confused:
If there is a hearing pending for any reason you must answer any interrogatorries you are served with. Usually if a particular question isn't legally relevant to the pending proceeding, you can refuse to answer by writing that you do not believe this qustion is relevant.

So, the best thing to do is to answer the questions the best you can, object to the ones you think aren't relevant and then serve the answers. Then, it's up to the other party to file for an order requiring you to answer any questions that you objected to. The main thing is that you cannot just ignore and niot answer at all.
 

LdiJ

Senior Member
I will add the FL definitely DOES NOT have jurisdiction of child custody matters. FL has never been the children's home state. Dad's attorney has no basis to push this, and in my opinion is just racking up his fees in doing so.
 

pa_ak

Member
So since this pending hearing is to decide which state has custodial jurisdiction, I can write I don't feel this question is relevant? We have a filing deadline of 28 Sep for all opposition to motions but this paperwork says I have 30 days to answer. So if I answer them and have it postmarked by 14 October, I should be fine correct?

Now his attorney certified she sent a copy to my home address. I have yet to receive them. I received a copy from my attorney in Florida; the one I had to hire to dismiss the custody motions that should have never been filed because Florida doesn't have jurisdiction. The motions to dismiss were filed on Aug 14th.

Thanks so much for the advice so far...it has truly been appreciated.
:)
 

GrowUp!

Senior Member
So since this pending hearing is to decide which state has custodial jurisdiction, I can write I don't feel this question is relevant? We have a filing deadline of 28 Sep for all opposition to motions but this paperwork says I have 30 days to answer. So if I answer them and have it postmarked by 14 October, I should be fine correct?
If you object to any interrogatories, you MUST explain why you feel the question is irrelevant. Most attorney's do not raise a stink if it's a few days late.
 

pa_ak

Member
Thanks

I truly appreciate all the responses. Our hearing is to determine which state has jurisdiction of what...so I am not sure how knowing about my finances is relevant to that. Besides, it is asking for all my account numbers fo the past 3 years and my divorce decree specifically states that after Mar 2003, he has no right to this information; likewise I have no right to his. However, I did file a financial affidavit in accordance with the rules of UIFSA with the Florida Child Support Agency.
 

Gracie3787

Senior Member
So since this pending hearing is to decide which state has custodial jurisdiction, I can write I don't feel this question is relevant? We have a filing deadline of 28 Sep for all opposition to motions but this paperwork says I have 30 days to answer. So if I answer them and have it postmarked by 14 October, I should be fine correct?

Now his attorney certified she sent a copy to my home address. I have yet to receive them. I received a copy from my attorney in Florida; the one I had to hire to dismiss the custody motions that should have never been filed because Florida doesn't have jurisdiction. The motions to dismiss were filed on Aug 14th.

Thanks so much for the advice so far...it has truly been appreciated.
:)
From what you've posted, there is also a pending modification of CS in Florida, correct?
Basically, if your ex lives in FL, FL will retain jurisdiction over the CS case. So any questions realting to any pending hearings about CS will most likely need to be answered.

The custody issue/case is another matter, and I *believe* that FL will not have jurisdiction over it, but will for the CS case.
 

TinkerBelleLuvr

Senior Member
Don't the CS/ custody issues follow the children (when neither parent lives in the originating state?) In that case, AK should have jurisdiction. The custodial mother and the children have never been residents of Florida.
 

pa_ak

Member
cs/custody

From reading the UCCJEA and UIFSA (and yes I truly read the documents) custody goes to the children's home state. CS however usually goes to wear the payer is a resident. However, he did appear at a hearing in AK prior to Florida even hearing the motion for increased support so based on that there may be some way the "long arm" portion of UIFSA can be applied. The judge here in AK asked if it were legally possible would I like AK to have jurisdiction of support also...of course I said yes...

Again thank y'alll for all your help...it is much appreciated...:)
 

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