Support Modification and Discovery

[annemichellesdad]

First, thank you, Soc, on behalf of everyone else and myself for your continued aid.

State of GA
I'm the father, NCP, and pay $350/mo for one child since May 03

During the summer, Mom asked for a support modification. Georgia law says that each parent can seek a mod once each two years. Mom THOUGHT that I had a great deal of "hidden" money. (It ended up being a banking mistake.) In private chambers, judge tended to believe my evidence. Opposing attorney was told to write the final order, and I requested a copy to be sent to me before going to the judge.

Opposing attorney did NOT send a copy. Signed order dated 20 November 04 stated that while no modification would be made, the issue would remain open "pending further investigation".

1 - Sounds to me like her attorney didn't like losing on the issue. Isn't this just a way to keep a modfication request open-ended indefinately, rather than simply losing and having to wait another two years?

2 - I have recently learned of a significant change in the financial status of mom. Since this is HER request for mod, can I still request basic financial discovery, like tax, banking, credit card, and real estate information?

Thank you

[socrateaser]

>1 - Sounds to me like her attorney didn't like losing on the
>issue. Isn't this just a way to keep a modfication request
>open-ended indefinately, rather than simply losing and having
>to wait another two years?

The other attorney has tricked you. You should never have permitted such text into an order. The reason is that the order is now temporary, and a temporary order can be retroactively modified back to the date of its filing. So, if you were to get a significant pay raise or inherit substantial money, or something like that, the court could retroactively modify your existing order back to the date of its origination and you would suddenly have a huge arrearage.

>2 - I have recently learned of a significant change in the
>financial status of mom. Since this is HER request for mod,
>can I still request basic financial discovery, like tax,
>banking, credit card, and real estate information?

Yes. And, based on the above, I would move to modify again on the existing order, and based on your new evidence, so that hopefully you can get rid of the "pending further investigation" text.