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Discovery for Child Support Hearing

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jeanine

Member
ny - my husband's ex-wife made a motion to increase child support. her attorney is bombarding him with judicial subpoena duces tecums and motions for inspection of documents from his car registration to credit card usage. what does this have to do with child support? isn't it calculated by 17% of his annual salary? why do they need his pension info too? she got a portion of it when they divorced. how can he object to this attorney's request for all this nonsense information?

of course he has no attorney - can't really afford one. any attorneys out there who don't charge a ton of money, contact me!
 


LegalBeagle

Senior Member
jeanine said:
ny - my husband's ex-wife made a motion to increase child support. her attorney is bombarding him with judicial subpoena duces tecums and motions for inspection of documents from his car registration to credit card usage. what does this have to do with child support? isn't it calculated by 17% of his annual salary? why do they need his pension info too? she got a portion of it when they divorced. how can he object to this attorney's request for all this nonsense information?

of course he has no attorney - can't really afford one. any attorneys out there who don't charge a ton of money, contact me!
She is doing something that many people wish they could do. They are drowning him in paperwork knowing that he has no chance to sort through it and comply. It sounds like they are trying to determine his total net worth so as to screw him for every penny he has. If not, then lets have some fun anyway in trying..

Believe me when I say that 2k for an attorney now, will save him a crap more money over the life of the CS agreement that he ends up being screwed with.




 
S

Stepmom to a great kid

Guest
Belive me, if you don't get an lawyer now, you will think later how you really COULD have afforded it- becaseu it was worth it. We have barely any money for our needs, bu twe found a lawyer that takes payments and is reasonable. You can too.
 

jeanine

Member
Thanks!

We have found an attorney and are hoping that he will get the increase request thrown out. It's not that I don't think this child should have the financial support he needs, but my husband is taking home such little money now that an increase would bring him down to the poverty level!

And our attorney had all of that paperwork from her attorney squashed. He's not getting any of it! All the law clerk requested was 5 paycheck stubs and three years of tax returns and that's ALL they're getting!

Thanks and good luck to everyone in my shoes!
 
A

alba

Guest
I suspect that his ex-wifes attorney feels that he makes more money than the 17% he is currently paying, by examining his expenditures she wants to prove he makes more money than he has stated. The courts could vary the percentages above the 17%
 

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