How to answer?

[Winsome]

Divorced a year ago in IN state. Assets were divided and I pay child support. We have joint legal and ex has physical custody. Recently she put a petition for sole custody.

Today I received Interrogatories submitted by my former wife’s attorney, along with a Request for Production of Documents. Her attorney is asking my tax returns and paystubs.

Another interrogatory document has some questions, that if I answer them, it would be tantamount to showing my hand. Ex is seeking sole custody citing communication issues with me which is impacting the children. One question is asking my position (and hers) on the nature of each disagreement (in detail) on the children's education, mental health care needs, and extra curricular activities? Another question is how do I meet those needs?

Can you folks help me? What is the best way to respond to these questions?

Thanks.

 

[adjusterjack]

What is the best way to respond to these questions?

By hiring your own lawyer.

She's got one, right?

Going up against a lawyer without one of your own is like taking a rubber knife to a gunfight. You'll be the one on the ground bleeding.

 

[stealth2]

Ditto Jack. Lawyer up.

 

[Winsome]

I have a lawyer. Her petition for sole custody is a counter to a show cause I filed couple of months ago. She was supposed to go to therapy per the order. She didn't. She has to bear half the costs of reunification therapy. She didn't. This was my petition of show cause. In response, she filed for sole custody citing communication issues. Now her lawyer is asking for my financials and these other set of questions. We are already divorced and assets are already divided. I suspect she is trying to churn the case. Regardless, I have to answer the best I can without tipping my hand. What do you guys suggest?

 

[Zigner]

I have a lawyer. Her petition for sole custody is a counter to a show cause I filed couple of months ago. She was supposed to go to therapy per the order. She didn't. She has to bear half the costs of reunification therapy. She didn't. This was my petition of show cause. In response, she filed for sole custody citing communication issues. Now her lawyer is asking for my financials and these other set of questions. We are already divorced and assets are already divided. I suspect she is trying to churn the case. Regardless, I have to answer the best I can without tipping my hand. What do you guys suggest?

Your attorney can guide you in the best way to answer the questions.

 

[adjusterjack]

What do you guys suggest?

We are all suggesting you have your lawyer handle it.

 

[stealth2]

When I had to respond to interrogatories, my lawyer had me answer, then send them to her. Once she had approved them, they went to the Law Guardian (NY's version of GAL).

In all honesty, I was less concerned with "tipping my hand" than with being forthright and clear with the LG wrt where my priorities were - my kids' well-being vs my desires.

 

[not2cleverRed]

Another interrogatory document has some questions, that if I answer them, it would be tantamount to showing my hand. Ex is seeking sole custody citing communication issues with me which is impacting the children. One question is asking my position (and hers) on the nature of each disagreement (in detail) on the children's education, mental health care needs, and extra curricular activities? Another question is how do I meet those needs?

"Showing your hand"? Do you mean that you have some secret information that you plan on just springing in open court to make your ex look like a fool and upend everything?

It doesn't work that way.

But humor me: what is this trick hand that you want to keep mum?

Can you folks help me? What is the best way to respond to these questions?

Thanks.

Um... Truthfully?

As in, you submit to your lawyer your truthful response, and let your lawyer put together your legal response.

 

[Winsome]

Tipping the hand doesn't necessarily mean there is a secret. The whole point of these questions is for them to figure out their strategy of dodging the issues, apart from taxing and frustrating. 'Um... Truthfully?' of course, yeah easier said than done. There is significant coaching and alienation of the children going on. Her petition for sole custody does not have merit. All she has alleged are communication issues and that I am not capable of taking the children to activities she schedules during my time. My divorce is long finalized. My employment hasn't changed. So what is the need for them to ask my tax returns and months of paystubs? This is churning the case, isn't it. Can I object to this?

 

[doucar]

Can I object to this? ASK YOUR ATTORNEY! He/she is the one who has more facts, history of the case than strangers on the internet. More importantly, he/she knows the judge involved and how the judge will react to her questions and your objection if one is made.

 

[zddoodah]

Can you folks help me?

Well...that depends on what sort of "help" you're seeking. There are obvious limits to what anonymous strangers on the internet, many of whom are not attorneys, and few, if any, of whom are in your state.

What is the best way to respond to these questions?

No one here can intelligently opine about how to respond to questions we've never read (other than to say "truthfully").

I have a lawyer. . . . What do you guys suggest?

I suggest you discuss with your lawyer how best to respond to the interrogatories.

what is the need for them to ask my tax returns and months of paystubs?

I don't know, and neither will anyone else here. We know nothing about your case and your situation beyond the few sentences of information you have provided. We don't know your ex and don't know her lawyer. Thus, we have no conceivable way of knowing why they're asking the questions we've never read.

Can I object to this?

Of course you can, but I doubt that's what you actually intended to ask. Determining whether any particular interrogatory is properly subject to objection and, if so, whether that objection warrants not responding obviously requires reading the interrogatories. That's something no one here has any ability to do.

 

[Zigner]

Of course you can, but I doubt that's what you actually intended to ask. Determining whether any particular interrogatory is properly subject to objection and, if so, whether that objection warrants not responding obviously requires reading the interrogatories. That's something no one here has any ability to do.

Based only on a paraphrased presentation by the OP, I can think of at least two objections that can be raised. As we've all said, the OP's attorney will be the best one to advise the OP on this.

 

[Zigner]

Thank you. Your reply was unique to others. Can you please let me know what points I can object to? If there is any information you need on her petition, please let me know and I can share it with you.

(That was a private message I received)

NO. Speak to your attorney!

 

[stealth2]

All she has alleged are communication issues

Well - ARE there communication issues? What are they? How are they manifested?

that I am not capable of taking the children to activities she schedules during my time. My divorce is long finalized. My employment hasn't changed.

Did you agree to these activities? Did you know they would take place on your time?

So what is the need for them to ask my tax returns and months of paystubs?

Likely to adjust CS should she be awarded sole custody. Or she is under the impression that your income has changed significantly?

 

[cbg]

There's more in the post hx