Incomplete answers to interrogatories

[Gemini]

What is the name of your state? FL

I served a copy of Florida's Standard Family Law Interrogatories for Original and Enforcement Proceeding on my ex recently requesting background, education and employment information for upcoming contempt & CS modification hearings. Although he did answer, he answered with incomplete or wrong answers. For example, he did not give any dates of employment for any of the four employers. Also, instead of giving starting and ending salaries he stated the type of pay instead of actual salaries: 25% of gross, per mile, per ton mile, etc.

My question is: How do I get him to answer the question correctly? Do I resubmit the interrogatories or just send him a note to clarify the incomplete answers? Thanks for any advice in advance!

 

[OhReally?]

What is the name of your state? FL

I served a copy of Florida's Standard Family Law Interrogatories for Original and Enforcement Proceeding on my ex recently requesting background, education and employment information for upcoming contempt & CS modification hearings. Although he did answer, he answered with incomplete or wrong answers. For example, he did not give any dates of employment for any of the four employers. Also, instead of giving starting and ending salaries he stated the type of pay instead of actual salaries: 25% of gross, per mile, per ton mile, etc.

My question is: How do I get him to answer the question correctly? Do I resubmit the interrogatories or just send him a note to clarify the incomplete answers? Thanks for any advice in advance!

Motion to Compel and explain...cite the rules of procedure to back you up.

If you believe he lied, you (or your attorney) can use this against him if you call him on the stand to question him.

 

[Gemini]

Thanks

Thanks for the quick reply!

To clarify:

If you believe he lied, you (or your attorney) can use this against him if you call him on the stand to question him.

Are his answers in the interrogatories what you were referring to? Or answers to the future Motion to Compel?

So far he hasn't lied, he just hasn't given me the information. Instead of stating $40,000 yearly (or whatever his salary is) his answer was: "per mile", that's it. He didn't say that he got paid $.33 per mile for 3000 miles, just "per mile"

Exact info provided:

Name, address and telephone number of employer: 1. xxxxxxx, 2. xxxxxxx, 3. xxxxxx
dates of employment:____________
job title: driver
starting and ending salaries: 1. 25% of gross, 2. per mile, 3. per ton mile
name of direct supervisor: 1. xxxxx, 2. xxxxx, 3. xxxxx

He also claims no bonuses or any insurance available, but the company website for one of his employers clearly disputes that, they even give the above $.33 per mile 3000 mile weekly guarantee for beginning drivers. That's $900 weekly compared to the $320 he reports to CSE.

 

[OhReally?]

He also claims no bonuses or any insurance available, but the company website for one of his employers clearly disputes that, they even give the above $.33 per mile 3000 mile weekly guarantee for beginning drivers. That's $900 weekly compared to the $320 he reports to CSE.

Then question him on that during the hearing & why he answered differently on his interrogatories. If he has not provided you information you requested, then you file the motion to compel. Check your court rules on a motion to compel. Some courts have it as part of their rules the amount of time the court gives, but it varies.

 

[Gemini]

Thanks so much for clearing that up for me! I really appreciate it.

 

[Zephyr]

is he a truck driver?

cause most other jobs- mileage is actually a reimbursement, not income

 

[Gemini]

Yes, Zephyr, he is a truck driver.

 

[Gracie3787]

Yes, Zephyr, he is a truck driver.

Is he an owner-operator? If so, it's possible that his answer of "25% of gross" is actually accurate.

Maybe he doesn't realize, or doesn't care, that he needs to figure out what his average "25% of gross" equals out to in dollars paid to him.

The best thing to do would be to file a motion to compel for the answers that are unclear.

 

[Gemini]

Thanks Gracie. He's not an owner operator, he works for trucking companies. I've followed the advice and filed a Motion to Compel. I had already requested a hearing date so will this new Motion to Compel postpone getting a hearing date?

 

[Gracie3787]

Thanks Gracie. He's not an owner operator, he works for trucking companies. I've followed the advice and filed a Motion to Compel. I had already requested a hearing date so will this new Motion to Compel postpone getting a hearing date?

Yes, it will delay getting a final hearing date. before a final hearing/ruling can be made, all motions that are pending must be heard first.

 

[Gemini]

Thanks again for all of your help! You guys are great!