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Do I have to respond to this request?

Started by Darryl, May 20, 2004, 08:21:42 AM

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Darryl

I have received a letter from ex-wife's atty requesting tax filings, pay stubs etc (they did not send theirs). It outlines that they want guideline support plus tuition etc. Nothing has been filed with the court yet. I know I don't have to respond until a case has been filed and their letter states that. They want my info which they will use to TELL ME what I owe (in their opinion) etc. The requests are unreasonable and it will end up in court anyway.

1. If I do not respond can this be cause for reimbursement of their attorney's fees for me not making a good-faith effort to keep it out of the court room?


socrateaser

>1. If I do not respond can this be cause for reimbursement of
>their attorney's fees for me not making a good-faith effort to
>keep it out of the court room?

Judges have broad discretion to award equitable attorney fees in family law actions, so it's a crap shoot.

I don't see that you have much to lose by providing the info. You may actually be able to stall off  the motion to modify for a bit, by telling them that you will send it, and then when they don't receive it, you say you mailed it, and that you will run it by the office, etc., you know, check's in the mail?

They can't get retroactive credit for any child support prior to the filing of their motion to modify, which is why I'm suggesting this. Other than that, you don't really have much to lose or gain by providing the info now -- so, I'd just give it to them -- sloooooowly.