Help with Interrogatories

[aparker336]

Hi Soc!

My husband recently filed a Petition for Contempt and Motion to Amend and Modify on July 29th, against his ex.  He is doing this pro se.  The Contempt is about his ex's refusal to reimburse us for uncovered medical (eyeglasses, therapy). The following is a cut and paste copy of the Motion's we filed:

PETITION FOR CONTEMPT

   COMES now the Petitioner, RP, and states:

   1.  That, pursuant to the Permanent Parenting Plan adopted and incorporated upon the conclusion of the post-divorce co-parenting litigation herein, "The Mother shall send to the Father copies of her W-2(s), 1099(s), and entire federal tax return including all schedules and attachments thereto each year within 10 days of her receipt of such W-2s and 1099s and of her filing of such returns."

   2.  That, in violation of the above referenced terms and conditions, the Respondent has failed to comply with same, to wit: the Respondent is unwilling to send to the Father copies of her W-2s, 1099s, and entire federal tax return for the years 2002 and 2003.

   3.  That, pursuant to the Permanent Parenting Plan, "Uninsured or uncovered medical-related expenses, including (but is not necessarily limited to) deductibles and co-payments as well as optical, dental orthodontic, therapeutic, pharmaceutical, counseling, etc. expenses shall be divided equally between the parents after insurance has paid its portion, with payments to health care providers and/or reimbursement to the other parent being made within 30 days of appropriate notification.

   4.  That, in violation of the above referenced terms and conditions, the Respondent has failed to comply with same, to wit:  the Respondent is unwilling to reimburse the Petitioner for half of the uninsured and uncovered medical-related expenses after receiving appropriate thirty day notification via the U.S. Postal Services, as evidenced in Exhibit 1 through 9, as of July 10, 2004.

   5.  That the Respondent's portion of the oldest minor child, T's eyeglass expenses is $83.46.

   6.  That the Respondent has failed to reimburse the Petitioner for the Respondent's portion of the uninsured eyeglass expenses.

   7.  That the Respondent's portion of the Children's Court Ordered counseling with Dr. R is $416.50.

   8.  That the Respondent has paid a total of $147.50 for her portion of the Children's Court Ordered counseling, leaving a total of $269 that the Respondent has failed to reimburse the Petitioner.

   9.  That the Respondent has failed to pay the bill sent to her on June 8, 2004 in the amount of $32.50 for the youngest minor child, A's emergency room visit at the hospital and a co-payment for Dr. R.

   10.  That as of July 10, 2004, the Respondent has failed to reimburse the Petitioner for a total of $357.46, after receiving 30 days written notice for the 3 minor Children's Court Ordered counseling with Dr. R, T's eyeglass expenses, and A's Emergency room visit,  with further contempt petitions pending.

   11.  That there is a standing Court Order that states, "That upon strict compliance with the Orders of the Court for a period of two (2) years, the contempt charge against CR shall be purged and that upon determination of failure to strictly comply with any Order of the Court within two (2) years, the balance of the 10-day sentence shall be immediately imposed."

   12.  That the Agreed Order of Conditional Release was entered into Court on October 4, 2002.

   13.  That the Respondent is an able bodied individual capable of fulfilling the Court's Orders.

   WHEREFORE PETITIONER PRAYS:

   1.  That process issue and be served upon the Respondent.

   2.  That this matter be set for hearing and that the Respondent be found in contempt of Court for her willful failure to follow the Court's Orders.

   3.  That the Respondent be appropriately punished for her willful failure to follow the Court's Orders (i.e. immediate incarceration in the Knox County Penal Facilities for the remaining 5 day sentence or until such time as the Respondent subsequently satisfies this Honorable Court that the Respondent has developed a new-found disposition to comply with all orders/directives of this Honorable Court).

   4.  That all costs pertaining to this matter be taxed to the Respondent.
   
   5.  That the Petitioner be granted any such other, further, and general relief that may be deemed appropriate by this Honorable Court.



Respectfully Submitted,



_______________________
PETITIONER




MOTION TO AMEND AND MODIFY

   COMES now the Father, Ricky Joe Parker, and would amend the Order and modify the Permanent Parenting Plan to state as follows:

   1.  That Paragraph 5 should be amended to state:  that the Children, upon reaching their eleventh (11) birthday, shall be allowed to watch movies rated no higher than PG13.

   2.  That Paragraph 8 should be amended to state:  in the event that the Father or Step-mother are unable to be at home at the times the Children return from school, another qualified person will be available at the house.

   3.  That the Order and/or Permanent Parenting Plan should be modified to state:  That it is the responsibility of both parents to assure that all 3 minor Children attend and participate in their extracurricular activities and athletic programs, including (but not limited to) practices, games and team parties, with the only exceptions being that the participating Child is ill, out of town on vacation or an unforeseen emergency arises, in which case the parent transporting the Child shall notify the other parent and coach within 24 hours or as soon as reasonably possible of the Child's impending absence.


Respectfully Submitted,



_______________________
PETITIONER





We did make the mistake of not giving the reasons why the Motion the Amend should be amended, but we are amending that.

Here is a cut and pasted copy of the Interrogatories they filed:




1.  In paragraph four of the Petition for Contempt, you state that there are Exhibits One through Nine.  Please provide a copy of these exhibits.
Answer:


2.  In paragraph six of the Petition for Contempt, you state that there are expenses that C owes for eyeglasses.  Please provide copies of the EOBs and bills and please indicate whether or not you have provided those to C and if you have provided those to C the date that they were provided to her.
Answer:


3.  In paragraph eight of the Petition for Contempt, you state that C owes a balance of $269.00 for counseling.  Please provide a copy of the EOB and the bill and please indicate if and when you provided copies of those documents to C.
Answer:


4.  In paragraph nine of the Petition for Contempt you state that C owes $32.50 for an emergency room visit and co-payment for Dr. R . Please provide documentation including an EOB and bill and indicate if and when you provided the EOB and bill to C.
Answer:


5.  Please provide a list or any other documentation that you have kept of the number of days that the children have been in your care since the modification of co-parenting time.  Please indicate the number of days that the Children have been with you instead of their mother thereby reducing the number of banked days.
Answer:


6.  Please provide a full, written explanation of why you believe the children should be allowed to watch movies rated higher than PG-13.
Answer:


7.  Please provide a full, written explanation of why you want to modify the co-parenting schedule in order that another qualified person be available at your home when the children return home from school.
Answer:

8.  Please provide a full, written explanation why you think that you need the paragraph dealing with extra-curricular activities.
Answer:


9.  Please provide a full, written explanation of why you have not taken the children to see their therapist since May 18, 2004.  
Answer:


10.  Please give a full, written explanation of why you did not include C on the emergency card at school.
Answer:


11.  Please provide a full, written explanation of why C was limited to seven days this summer with the minor children.
Answer:

12.  Please identify each and every time that your wife has disciplined the children by using corporal punishment.
Answer:


13.  Please provide a full, written explanation of why you do not allow E to play football for G.
Answer:


14.  Please provide a full, written explanation of why you did not allow E to attend football camp at G High School this summer.
Answer:


15.  Please provide any tapes or documentation that you have kept in regard to telephone contact between C and the minor children.
Answer:


16. Please indicate if you have recorded any telephone conversations involving the children and their mother.
Answer:


17.  Please provide a list of all vehicles you have at your disposal and the dates that you have had them for your use over the last twelve months.
Answer:


1.  My question is for the questions that are irrelevant to the case, can we refuse to answer?  Such as the football, corporal punishment (which I never have done), etc?  Those questions have nothing to do with the case at all.

Thanks!

[socrateaser]

>1.  My question is for the questions that are irrelevant to
>the case, can we refuse to answer?  Such as the football,
>corporal punishment (which I never have done), etc?  Those
>questions have nothing to do with the case at all.

The general rule of discovery is that you must answer any question that is "reasonably calculated to lead to the discovery of admissible evidence." So, even if the question itself isn't relevant, if the question reasonably might LEAD to the discovery of relevant evidence, then you must answer.

You can also object to the answer as "not reasonably calculated...", and then it will be up to the other party to file a motion to compel discovery. If they win, then you get to pay their attorney fees and costs associated with obtaining the evidence, so make sure that the question is in no way relevant.

You have filed a custody motion, therefore all of the questions that you say are not relevant, may be relevant to the custody action. You can ask that they submit the questions as separate interrogatories (one for the contempt, and one for the custody mod).

Go through the questions and tell me how you would object to the questions you say have no relevance. Keep in mind that relevance is NOT the standard of proof necessary for an interrogatory request -- reasonably calculated is).

[aparker336]

If we have to answer the questions, then we will with no problems.  I just don't see how corporal punishment, where there is none, should have any relevance to the Motion to Amend or the Petition for Contempt.  Maybe the football thing ties in there with what we filed about extra  curricular activities.  Thing is, my DH has full legal and physical custody and he doesn't want his kids playing for that particular organization as it is not in their best interest (Long story, but a coach told the kids that their daddy and stepmommy were losers).

The ex knows how many vehicles we have, so I don't understand that one.  The recording of phone calls between mother and children is ludicrous...we do not do that as it's illegal in TN.

1.  When you ask me how we would object, are you asking me what we would say in court if/when it comes up?

I may be a little confused :(

[aparker336]

Soc, can I email you our Response to Interrogatories?  I would really like to know if what we have is good or in the right direction.  

We have never done anything pro se before so we are struggling with all this.

Thanks.