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Author Topic: Opposing Counsel request  (Read 1252 times)

gas

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Opposing Counsel request
« on: Aug 09, 2004, 06:16:41 PM »
Hello Soc,

I was recently given 50/50 physical custody (up from 30/70) at a hearing this week.  Attorneys agreed before going before the judge to accept California FCS mediator's recommendation for 50/50 (and guideline support) and communicated such to the judge during the hearing.  No open issues at conclusion of the hearing.

Two days before the hearing,  opposing counsel sent request for  "Production of Documents" which is the usual bank statements, credit card statements, etc., all financials for past 2 yrs.    Responses due back Aug. 23

Questions:

(1) Given all was agreed to at the hearing with judge, do I still need to spend a w/e making requested copies of all this material for opposing counsel?  

(2) One would have thought opposing counsel would have requested this in sufficient time BEFORE the hearing to present their best case to the judge?

(3) I was the one that initiated the court action for 50/50 but how does one know when it's "over" if hearing doesn't end it?

Thx


socrateaser

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RE: Opposing Counsel request
« Reply #1 on: Aug 10, 2004, 12:12:57 AM »

>(1) Given all was agreed to at the hearing with judge, do I
>still need to spend a w/e making requested copies of all this
>material for opposing counsel?  

All was not agreed. There was apparently no agreement as to how much each of your earned, and even if there was, no child support order can be entered in CA unless both parties submit a current I&E declaration two most recent paychecks, and copies of the prior year's Federal and State income tax returns.

If you are self-employed then the other parent is entitled to a current profit and loss statement. Bottom line is that if you are being asked for a ton of financial documents, then you must produce them, unless they are not relevant to proving your income for the purposes of calculating guideline support.

>
>(2) One would have thought opposing counsel would have
>requested this in sufficient time BEFORE the hearing to
>present their best case to the judge?

You were talking custody before. This is support now. Different issue.

>
>(3) I was the one that initiated the court action for 50/50
>but how does one know when it's "over" if hearing doesn't end
>it?

It ain't over till the fat lady sings -- Tommy Lasorda

gas

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RE: Opposing Counsel request
« Reply #2 on: Aug 10, 2004, 08:58:54 AM »
Thanks for the response.

  Paystubs and prior 3 yrs. of income taxes were provided along with current I&E.  All of that info was used to determine CS by the attys and judge

If opposing counsel is still "searching" for income, I could understand bank statements but how what do credit card statements reveal about income?


socrateaser

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RE: Opposing Counsel request
« Reply #3 on: Aug 10, 2004, 09:30:16 AM »
>If opposing counsel is still "searching" for income, I could
>understand bank statements but how what do credit card
>statements reveal about income?

Evidently, your opponent believes that you spend more than your income permits and you continue to increase assets. If so, that could indicate that you are hiding income. Not saying that you are -- just that they could make it seem relevant.

You could call opposing counsel and just ask "what are you looking for?" and that if you can't tell me, then I will object to the discovery as too broad and not reasonably calculated to lead to the discovery of admissible evidence.

 

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