Involved in "roommates" child support modification

[purpleseaurchin]

What is the name of your state (only U.S. law)? Georgia

I'm gay and live in Georgia. I have a "partner" whom I have a house and some shared expenses with. I'll call him my "roommate" because under georgia law there is absolutely no legal connection between us in any form or fashion.

My roommate is the plantiff (non-custodial parent ) in a child support case. His former spouse has now served me with a "Request for Production" regarding my taxes, income, etc. It is from the lawyer's office - not a subpeona.

It is my understanding that in Georgia only the incomes of the parents are relevant regarding child support. Neither my finances nor her new husband's should have any impact on the proceedings as far as I know.

BTW, the letter came 6 months into the process on the day after the original court date was set. The court date was moved out several weeks. The letter states that I have 30 days. What should I do?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Ohiogal]

You are not a party and hence are not required to produce anything. If a subpoena is issued, you then motion to quash on the basis that you are not a party to the case.

 

[Humusluvr]

You are not a party and hence are not required to produce anything. If a subpoena is issued, you then motion to quash on the basis that you are not a party to the case.

So, the lawyer acted illegally? or was just on a fishing expedition?

Why would the lawyer ask for that stuff if he darn well knew he was not entitled to it, OG?

 

[purpleseaurchin]

I agree that I'm not a party and should not have to provide anything. But, how do I respond? Ignore the request completely? Or respond stating that I have no intentions of fulfulling the request based on the fact that I am not a party to the case?

As to why the opposing counsel would even let this request go out, I have also pondered the question. Maybe to harass? or cause me to incur legal fees? or to bias the judge by drudging up the gay issue?

 

[Humusluvr]

I agree that I'm not a party and should not have to provide anything. But, how do I respond? Ignore the request completely? Or respond stating that I have no intentions of fulfulling the request based on the fact that I am not a party to the case?

As to why the opposing counsel would even let this request go out, I have also pondered the question. Maybe to harass? or cause me to incur legal fees? or to bias the judge by drudging up the gay issue?

I would "circular file" it. As in, drop it in the trash can.

Ignore it completely.

Or, since it does cost money for lawyers to write letters (even ones that are groundless) you could write the lawyer back asking for the statute that requires that you to provide any information to the lawyer. That'll keep Mr. Lawyer busy.

 

[thedoctorisin]

Lawyers often try to take advantage of the ignorance of the other party when that other party is not represented by a lawyer.

There was nothing illegal in the lawyer asking for information that you are not obligated to supply.

 

[Ohiogal]

So, the lawyer acted illegally? or was just on a fishing expedition?

Why would the lawyer ask for that stuff if he darn well knew he was not entitled to it, OG?

Lawyer did not act illegally. Lawyer went fishing. Sometimes fish happen to jump in the boat even if you don't have a line out or a license. Not the attorney's fault if he requests info and it is given to him. Nothing illegal about that. If OP actually gave him the information it was a voluntary act. You can voluntarily give your info to ANYONE you want.

 

[BL]

Why not leave the gay issue out of the matter ?

It has no relevance and is not in anyway a factor in CS matters .

The lawyer may be trying to show the court shared cost , and try to have income imputed " from any resources " .

Ignore it , as it wasn't subpoenaed .

 

[stealth2]

Yeah, I was wondering what your being gay has to do with anything. Are we supposed to gasp? Bow down? What?

 

[purpleseaurchin]

No, please don't bow down - that was not my original question. My question was on how to respond. If you have meaningful insight, please provide. Otherwise, look elsewhere to bow down.

 

[Zigner]

Why not leave the gay issue out of the matter ?

It has no relevance and is not in anyway a factor in CS matters .

The lawyer may be trying to show the court shared cost , and try to have income imputed " from any resources " .

Ignore it , as it wasn't subpoenaed .

Another way to say "Request for Production of Documents" is subpoena duces tecum.

You should not just round-can this, but it's also nothing to worry about.

 

[Humusluvr]

No, please don't bow down - that was not my original question. My question was on how to respond. If you have meaningful insight, please provide. Otherwise, look elsewhere to bow down.

I actually think you did a nice job of stating the facts.

 

[purpleseaurchin]

You should not just round-can this, but it's also nothing to worry about.

Thanks, but what SHOULD I do specifically? Respond with a letter without a lawyer? How would you reply?

 

[Humusluvr]

Thanks, but what SHOULD I do specifically? Respond with a letter without a lawyer? How would you reply?

Dear Mr. Lawyer,

I received your letter dated xx-xx-xxx.

Please cite the statutes requiring me to provide you with my income information.

I look forward to your response.

Sincerely
Purple

 

[purpleseaurchin]

Ok, I'll start with that and see what happens.... Depending on response/nonresponse, I'll have to decide what to do with the original request within 30 days (well, 29 now...)