Interrogatories

[gemini76]

What is the name of your state? NH My ex husband has filed for a support modification, my lawyer has asked for interrogatories to investigate his business and financial status. My ex husbands lawyer turned around and sent me a list of interrogatories as well. I'm confused, why am i being investigated? I am remarried, I am not on my husbands bank account and I dont have my name on the vehicles or house (because of IRS problems with my x hubby), do I still have to include this info? How about my husbands income, do i include that? I dont see what my credit card status or loans or any of that have to do with lowering the child support.

 

[Gracie3787]

What is the name of your state? NH My ex husband has filed for a support modification, my lawyer has asked for interrogatories to investigate his business and financial status. My ex husbands lawyer turned around and sent me a list of interrogatories as well. I'm confused, why am i being investigated? I am remarried, I am not on my husbands bank account and I dont have my name on the vehicles or house (because of IRS problems with my x hubby), do I still have to include this info? How about my husbands income, do i include that? I dont see what my credit card status or loans or any of that have to do with lowering the child support.

You should answer the questions honestly. For instance, if a question is asked about the value of the home you live in: state the current value and then state it is in husband's name only. Same for the vehicles. IF there is a question asking about hubby's income, state that you object on the basis of non relevency. You do not have to give any info about hubby's bank account. You will need to give all info for any credit cards or loans in your name if asked for.

 

[betterthanher]

What is the name of your state? NH My ex husband has filed for a support modification, my lawyer has asked for interrogatories to investigate his business and financial status. My ex husbands lawyer turned around and sent me a list of interrogatories as well. I'm confused, why am i being investigated? I am remarried, I am not on my husbands bank account and I dont have my name on the vehicles or house (because of IRS problems with my x hubby), do I still have to include this info? How about my husbands income, do i include that? I dont see what my credit card status or loans or any of that have to do with lowering the child support.

Interrogatories are standard. You can object to some interrogatories, but you would need to research your Rules of Procedure about properly objecting or you could have sanctions filed against you.

 

[tigger22472]

Wait... hold the truck here...

#1. If you have a lawyer, why are you here having to ask these questions?; and

#2. You need to go to your lawyer and have them HELP you answer these questions because they DO know which ones you should and should not answer and how to object (hopefully) successfully to those that you don't.

 

[NCP Dad in TN]

My guess is that they are doing their research to validate a change in child support. I suggest just answering the questions. If you have nothing to hide, then what's the big deal? NOT answering them will just raise suspicions and make you look uncooperative.

 

[tigger22472]

My guess is that they are doing their research to validate a change in child support. I suggest just answering the questions. If you have nothing to hide, then what's the big deal? NOT answering them will just raise suspicions and make you look uncooperative.

Again, this poster has an attorney.. they should be using them... THAT is what they are there for. This poster shouldn't have to expose income of her husband's and there are certain restrictions that only an attorney from the jurisdiction would know. I think advising this person to answer these without having any sort of legal background is wrong. It shouldn't matter if she thinks she has something to hide or not... why give out information that they aren't legally entitled to?

 

[betterthanher]

Wait... hold the truck here...

#1. If you have a lawyer, why are you here having to ask these questions?; and

#2. You need to go to your lawyer and have them HELP you answer these questions because they DO know which ones you should and should not answer and how to object (hopefully) successfully to those that you don't.

Ahh....good points.

 

[NCP Dad in TN]

Again, this poster has an attorney.. they should be using them... THAT is what they are there for. This poster shouldn't have to expose income of her husband's and there are certain restrictions that only an attorney from the jurisdiction would know. I think advising this person to answer these without having any sort of legal background is wrong. It shouldn't matter if she thinks she has something to hide or not... why give out information that they aren't legally entitled to?

VERY good point. I guess what I meant was whatever they are entitled to, offer it. If they aren't privy to it, screw 'em.

And you're right, their attorney should be offering all the answers.

 

[Gracie3787]

Wait... hold the truck here...

#1. If you have a lawyer, why are you here having to ask these questions?; and

#2. You need to go to your lawyer and have them HELP you answer these questions because they DO know which ones you should and should not answer and how to object (hopefully) successfully to those that you don't.

Ooops, I didn't realize that OP has an attorney.

OP: tigger's advice is the most accurate, so let your attorney handle it. Sorry that I gave you incorrect advice.
Gracie

 

[gemini76]

my attorney is the one who sent me the paperwork and asked me to fill it out for my xhubbys lawyer. it was late when i posted this message, the lawyer couldnt answer my questions so i stayed up worrying about it and thought id come here to get some advice. my lawyer doesnt seem to think it is a problem answering these questions, i just dont understand why i have to answer them when im not the one paying child support. It is none of my x's business how i spend my money, in NH you dont have to show how you spend child support anyway. It is obvious that my x is trying to prove that I dont need the money because my new hubby makes a decent living. anyway, thanks for the advice, ill call my lawyer tommorrow when his office is open...

 

[betterthanher]

my attorney is the one who sent me the paperwork and asked me to fill it out for my xhubbys lawyer. it was late when i posted this message, the lawyer couldnt answer my questions so i stayed up worrying about it and thought id come here to get some advice. my lawyer doesnt seem to think it is a problem answering these questions, i just dont understand why i have to answer them when im not the one paying child support. It is none of my x's business how i spend my money, in NH you dont have to show how you spend child support anyway. It is obvious that my x is trying to prove that I dont need the money because my new hubby makes a decent living. anyway, thanks for the advice, ill call my lawyer tommorrow when his office is open...

Keep in mind tomorrow's a legal holiday, so maybe your lawyer might take the day off.

Also, you can object to some interrogatories, you just need to know how to properly do it.

 

[Ohiogal]

my attorney is the one who sent me the paperwork and asked me to fill it out for my xhubbys lawyer. it was late when i posted this message, the lawyer couldnt answer my questions so i stayed up worrying about it and thought id come here to get some advice. my lawyer doesnt seem to think it is a problem answering these questions, i just dont understand why i have to answer them when im not the one paying child support. It is none of my x's business how i spend my money, in NH you dont have to show how you spend child support anyway. It is obvious that my x is trying to prove that I dont need the money because my new hubby makes a decent living. anyway, thanks for the advice, ill call my lawyer tommorrow when his office is open...

Dear your income is going to be your ex's business until the child is 18 or 21 and child support is no longer necessary. That is just the way of the world. In Ohio it is possible for CPs to pay NCPs child support depending upon income differentials. it is not HOW you spend your money but rather HOW MUCH you earn that is important.

 

[nextwife]

Dear your income is going to be your ex's business until the child is 18 or 21 and child support is no longer necessary. That is just the way of the world. In Ohio it is possible for CPs to pay NCPs child support depending upon income differentials. it is not HOW you spend your money but rather HOW MUCH you earn that is important.

A valid point. If CP is voluntarily unemployed, an income can be imputed to her for CS calculation purposes. Many states do consider BOTH parents financially responsible for the support of their child, not just one of them.