Question

[Stepmom0418]

Ex's attorney has requested a production of documents and also interrogatories for DH to answer. (Dh attorney has done the same as part of the discovery process in the custody trial)

Ex's attorney is asking for the following production of documents......

All statements relative to prepayment or withholding of Federal or State income tax by or for the petitioner for the tax year of 2002.

Interoggotories:
Please provide your complete criminal history, including each and every interaction with law enforcement at any time since your birth to the present date. In your answer please include:
1)all criminal charges filed against you.
2)all convictions of criminal charges
3)the sentence of said convictions
4the status of pending chages
the status of outstanding arrest warrents (if any) and
5 the current status of your driving priviledge, or lack thereof

questions:

1) What is the production of documents above in refrence to?

2)Is juvenile record relevent? Does DH have to according to law answer the question in regards to juvenile record?

3)What do you think an attorney is up to when there is a custody trial pending and the main thing that they request is documents related to financial status past and present? (out of out of 8 interrogs there are 3 not pertaining to financial information. For the production of doc's there are 3 out of 14 that are not pertaining to finances)

Thanks for any and all information that you may have!

[socrateaser]

>questions:
>
>1) What is the production of documents above in refrence to?

Discovery is permissable if the evidence sought is "reasonably calculated to lead to the discovery of admissible evidence." In short, if evidence sought will ultimately lead to finding evidence usable at trial, then requesting such evidence is allowed.

In a custody trial, the character of the parents is at issue, because bad character traits may be imprinted on the minor children who are the object of custody. Criminal behavior is not a preferred character trait. Furthermore, a person with a history of criminal activity may be predisposed by habit to continue this behavior, which may create a dangerous environment for the children, as well as provide the impression that criminal behavior is ok.

So, if criminal behavior is generally bad, and if a parent might be predisposed to criminal behavior, then discovery of evidence related to a parent's criminal past is permissible, because the discovered evidence is relevant to showing that a parent is a potential bad influence on the child.

>2)Is juvenile record relevent? Does DH have to according to
>law answer the question in regards to juvenile record?

If your juvenile court case was set aside and sealed by the court, then this is the equivalent of it never having happened in the first place. Therefore it is not perjury for you to deny any juvenile record, because, as a matter of law, you do not have any.

>3)What do you think an attorney is up to when there is a
>custody trial pending and the main thing that they request is
>documents related to financial status past and present? (out
>of out of 8 interrogs there are 3 not pertaining to financial
>information. For the production of doc's there are 3 out of 14
>that are not pertaining to finances)

Well, it is possible that the attorney wants to use your financial record to demonstrate that you are unable to manage your financial affairs, and that this is not a preferred character trait for a primary caretaker of the children.

However, it's more likely that this is just preparation for a child support modification. So, if there is no motion to modify support before the court at this moment, and the attorney's purpose is to obtain support related financial info, then discovery of this information is not reasonably calculated and is objectionable, unless the other attorney explains his/her purpose in seeking the information.

Nevertheless, it's pretty common for attorneys to ask for this stuff, because opposing attorneys aren't gonna bark at it, knowing that there's probably going to be a support motion at the end of the custody trial anyway, and the attorneys will both need the financial records.

I don't see any sinister motive in this, but if you have an idea for one, feel free to post it.