responce

[sunflower1]

Hi, Im in Texas

I filed for a CS Modification, and have received a responce from my X`s attorney, I am pro se. I cannot afford an attorney.

I have 2 questions;

1. do I file a responce to her attorneys responce or wait for the hearing;

2. How do I request discovery? Is part of discovery the financial information?

Thank you,


Robert

[socrateaser]

>Hi, Im in Texas
>
>I filed for a CS Modification, and have received a responce
>from my X`s attorney, I am pro se. I cannot afford an
>attorney.
>
>I have 2 questions;
>
>1. do I file a responce to her attorneys responce or wait for
>the hearing;

A respon"s"e to a respon"c"e is called a "reply." (and you better learn to check your spelling or the court will get annoyed).

>
>2. How do I request discovery? Is part of discovery the
>financial information?

I really cannot give bare advice on procedure. You need to state your case facts and ask questions based on your facts.

[sunflower1]

Ok , sorry about the spelling, that is why my wife types everything and prepares all the paperwork.not me...

I understand about the advice on procedure, We are trying to get CS lowered due to my SSD. I was approved 4 years ago. CS currently is set at 1000.00 a month, baseed on pre disability income of 65k

X-wife has remarried and want to make sure we get current and correct financial information on file for the court to consider from both sides.

Unlike some states ,our County offices do not provide any forms of any kind that is why I asked about requesting discovery.


thank you

[socrateaser]

>Ok , sorry about the spelling, that is why my wife types
>everything and prepares all the paperwork.not me...
>
>I understand about the advice on procedure, We are trying to
>get CS lowered due to my SSD. I was approved 4 years ago. CS
>currently is set at 1000.00 a month, baseed on pre disability
>income of 65k
>
>X-wife has remarried and want to make sure we get current and
>correct financial information on file for the court to
>consider from both sides.
>
>Unlike some states ,our County offices do not provide any
>forms of any kind that is why I asked about requesting
>discovery.

The response to a response is called a "reply" and it is generally not necessary unless the other party seeks some affirmative relief in their response that would cause you to need to provide different evidence, rather than merely to rebut their response to your evidence.

Discovery is anything that you formally request from the other party that is reasonably calculated to lead to the discovery of admissible evidence. In other words, even if what you're asking for isn't admissible as evidence, if it appears reasonably likely to get you to the point where you will be able to obtain admissible evidence, then it's ok for you to ask for it. Financial info in a support hearing is clearly reasonably calculated, so you can pretty much ask for anything that you think is likely to change the amount of support ordered.

If the other party doesn't want to provide the evidence, then you can file a motion to compel discovery. Same for the other party re your evidence.

There are formal procedures to discovery, none of which is available on line for the State of Texas, so you may be forced to go to the county law library or a law school library to look it up (or hire an attorney).

However, generally, if you "serve" a letter on the other party (mailed with certificate of service from third party adult stating that they sent the letter for you to the appropriate address), stating that you are making a formal discovery request that the other party produce X, then the attorney should (emphasis on "should") either produce the evidence, or formally object to it. Unfortunately, I don't know formal TX legal process, so I can't give you a template.

[sunflower1]

Thank you thats what I needed to know.

Thank you for providing a wonderful service.

God Bless you,

Robert