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Author Topic: Apealing court's denial of motion to compel  (Read 1481 times)


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Apealing court's denial of motion to compel
« on: Feb 28, 2004, 01:01:06 AM »
The court granted in part and denied in part my motion to compel my request for documents from the ex.  

One thing that the court denied was my request for my ex's new spouse's bank statements from the date of their marriage, forward.  I argued that the money in those accounts was community property and since the ex is behind in support, I needed the bank statements.  I also argued that it was a likely place my ex was depositing his under the table earnings (that he, of course, denies receiving).  

The judge agreed with the ex's attorney that since I did not have evidence that the funds in the new spouse's accounts were commingled, I was not entitled to see the new spouse's bank statements.

The second thing the court denied was my request for documentation  on charitable gifts the ex was making to his church instead of paying his child support.  The ex's attorney argued it was not relevant (but he asked the same question of me in his document request to me), and that the ex had a "free exercise of religion" privilege.  The ex's attorney admitted to the judge that he could find no case law supporting his "free exercise" privilege, but still the judge denied my request.

1)  When I can't possibly come up with the evidence that community funds are being commingled in the new spouse's account without actually seeing the account, was the judge off-base in denying my motion?

2)  Was the judge off-base in denying the church info, too, when the other attorney thought it was relevant enough to ask it in his own discovery requests and he also couldn't find any authority to support his claim of "privilege"?

3)  Assuming the judge was off base, what do I need to do, procedurally, to appeal the rulings?


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