CS question....

[dipper]

Soc,

We are in Virginia.  I thought child support was based on incomes only....nothing else.

However, my dh has been served with papers from the division of child support enforcement stating that either he or bm has requested a modification in child support - dh only filed in court for medical copay modification.

There are 3 sections to fill out: a, b, and c....

Section b is only for the non-custodial parent and it asks about your real estate, vehicles owned, and your complete banking information...including the account number and balance.

Soc, everything we have is joint.  My information is none of their business.  In fact, I dont believe anything other than dh's current income is their legal business.  None of the other financial information is asked of the CP.

Soc, is DCSE legally entitled to this information?

[socrateaser]

>Soc, is DCSE legally entitled to this information?

If DH has a minor child and a duty to support that child, then all potential sources of income that he may have, and I mean all, are discoverable by DCSE if the information sought is "reasonably calculated to lead to the discovery of admissible evidence."

The fact that your accounts are joint will not avail you. You married a man with a child support obligation, and you are thus potentially liable for his support bill (although the scope of that liability varies by jurisdiction, and varies further by your voluntary comingling of assets with your DH).

My advice to people who intend to marry another person who has an existing support obligation via former relationship is very simple:

1. Don't get married,

2. Don't get married, and

3. Don't get married.

4. And, just in case you didn't follow my first three suggestions, then here's one more: "DON'T GET MARRIED!"

LOL! In the event that the person refuses to listen to me, then I advise them to enter into a very comprehensive premarital agreement, and to never, and I mean NEVER, comingle any asset or vesting of title, until such time as all of the supported persons are no longer entitled to future support, or payment of arrears.

Most of what DCSE will find will not be particularly relevant to their case for modification of support, but they are entitled to discovery of the info (up to a point, i.e., they are NOT entitled to know how much you earn or anything about any of your separate assets. However, if you file joint tax returns, then they will find out this information as a result of your comingling this info on the tax return. So, in the future, file separate returns, unless you want to be subject to the same situtation in the future.

Now for the "possible" good news. If you have a motion pending on a medical copay issue, that issue is "in the nature of child support," and that means that there is a modification action already pending before the court. If DCSE has never issued an administrative order for support against either parent in the case upon which they are now demanding discovery, then they are not yet a party, and you can tell them that a case is currently pending and that they should intervene in that matter if they wish to obtain discovery from you.

However, if DCSE is already a party to the case, then they can get discovery, precisely because you have filed for the insurance mod, and you're stuck.

[dipper]

Soc,
thank you for enlightening me - as always.

I still have two problems - not with you, with the process.  The bank account - that doesnt show where the money came from, it may be all income - and therefore, they have already gotten that information.

The second - they dont ask the same questions of the CP.  Now, as they are to take in ALL income sources of both parties...

How are they accurately doing this when they dont ask the CP for their assetts or additional sources of income?

[cinb85]

that the CP doesn't have to account for all of these things as well.  I am a CP, and I have to report all these things.  I live in New Jersey.  Maybe each state is different.  In New Jersey they take into account BOTH the CPs and the NCPs income when figuring up the child support!

Good luck to you!

[socrateaser]

>Soc,
>thank you for enlightening me - as always.
>
>I still have two problems - not with you, with the process.
>The bank account - that doesnt show where the money came from,
>it may be all income - and therefore, they have already gotten
>that information.
>
>The second - they dont ask the same questions of the CP.  Now,
>as they are to take in ALL income sources of both parties...
>
>How are they accurately doing this when they dont ask the CP
>for their assetts or additional sources of income?

Where is it written in the U.S. or VA Constitution that the government is your friend? DCSE has no obligation to be "fair" to you. Only a judge has that duty (and only barely). DCSE's duty is to collect as much child support as lawfully possible, by using any and all lawful means.

Some of DCSE's requests may be inadmissible at trial -- some may be so much of a fishing expedition that they're not even "reasonably calculated" and you could refuse to provide the info (but you'll need a good faith legal argument to do this and prevail).

If DCSE is requesting information that you believe is completely irrelevant, or that it would require you to expend an abusive amount of time to compile, then write in that section of the form, "I object to the production of this information as the request is overly broad and unreasonably burdensome to comply with."

If DCSE is requesting information that is part of the public record, such as documents of title or court papers, then you can state, "I object to my being required to produce information that is already available on the public record."

Other than that, you must comply, if you satisfy the other requirements that I described in my previous post.