Discovery in WA -- Long Sorry

[JAMingori]

Dear SOC:

I currently live in MI.  My children live in WA.  I moved in 2004.

I requested an overpayment of daycare expense hearing and modification of child support in January of 2006.  The Child Support Enforcement office decided to put my modification on hold pending the outcome of the hearing.  The hearing has been continued 3 times and has allowed my ex-wife to obtain an attorney and file for modification with the Superior Court.  Her ability to do this also moves my overpayment hearing as well to the Superior Court.  All will be decided when decided.

My ex is not disclosing all assets and income.  She is self-employed and makes $6000.00 per month.  She gets a base income and shareholder distributions.  She owns her primary residence and an investment home.  She recently purchased a brand new SUV, had a face-lift and is considering purchasing a $500,000 home on the lake.

I responded to her initial modification with a declaration.  In the declaration, I asked for several items.  In the Petitioner's response to the declaration, she included some items, but not everything.  

I requested a letter from a CPA signed and on letterhead of her actual earnings, who is covered under her medical plan (she wants to claim paying $320.00 per month as a premium but has 2 other daughters), proof of extraordinary medical/dental expense (she provided a letter from the dentist but nothing showing that insurance covered a portion -- if insurance didn't cover am I responsible for cosmetic orthodontia?), pay stubs and shareholder distribution checks (showing that she has been getting the distributions all year and to ensure that it is the same amount monthly, or if it adjusts based on the success of the business), mortgage statements (she says that she has a first and second on the primary residence and I want to make sure that the second was not taken out to purchase her business or investment property), and she doesn't even disclose her business in any paperwork.

I was served with her response and a scheduled hearing date on November 8, 2006.  The hearing was scheduled for November 17, 2006.  I live out of state -- am I required to be present?  I filed a motion for continuance so that I may prepare my case more adequately.

Did I file the right paperwork?  The Motion to Compel Discovery?  I have my response to her declaration prepared but would like to wait to file until I receive the documents I requested in my motion to compel discovery.

I cannot find the motion for continuance and for discovery online.  I have copies of the ones I prepared and can send them via email as well as my declarations.

You can email with your response as well at [email protected].  

Thanks for your help and any suggestions!
JAMingori

[socrateaser]

>Did I file the right paperwork?

I don't know WA civil procedure. Generally the financial declaration requires disclosure of certain items and if you want something else, then you need to serve a request for production of documents and other things.

Generally, where there's a self-employed parent and you suspect funny business, you would want to schedule a deposition and have the parent produce all of her financial documents. Then you hire a forensic accountant to reconstruct the parent's income and expenses. Then you have the expert testify to the findings.

All of this gets very expensive, so there is always a breakeven point where it's not worth the litigation cost.

Obviously, if you can do the accounting yourself, then that would save you money, but ultimately, if the other party refuses to produce the requested docs, then you must file a motion to compel discovery.

Your post suggests that you requested discovery of other financial information not required directly by the financial declaration form. If so, then you didn't do it right, and the other parent has no obligation to produce the documents.

However, I'm not really certain whether you did it right or not -- I'm just doing some educated guessing here.

>You can email with your response as well at
>[email protected].  

That's not how we do it in this forum, but thanks for the offer.

[JAMingori]

Dear SOC:

I currently live in MI.  My children live in WA.  I moved in 2004.

I requested an overpayment of daycare expense hearing and modification of child support in January of 2006.  The Child Support Enforcement office decided to put my modification on hold pending the outcome of the hearing.  The hearing has been continued 3 times and has allowed my ex-wife to obtain an attorney and file for modification with the Superior Court.  Her ability to do this also moves my overpayment hearing as well to the Superior Court.  All will be decided when decided.

My ex is not disclosing all assets and income.  She is self-employed and makes $6000.00 per month.  She gets a base income and shareholder distributions.  She owns her primary residence and an investment home.  She recently purchased a brand new SUV, had a face-lift and is considering purchasing a $500,000 home on the lake.

I responded to her initial modification with a declaration.  In the declaration, I asked for several items.  In the Petitioner's response to the declaration, she included some items, but not everything.  

I requested a letter from a CPA signed and on letterhead of her actual earnings, who is covered under her medical plan (she wants to claim paying $320.00 per month as a premium but has 2 other daughters), proof of extraordinary medical/dental expense (she provided a letter from the dentist but nothing showing that insurance covered a portion -- if insurance didn't cover am I responsible for cosmetic orthodontia?), pay stubs and shareholder distribution checks (showing that she has been getting the distributions all year and to ensure that it is the same amount monthly, or if it adjusts based on the success of the business), mortgage statements (she says that she has a first and second on the primary residence and I want to make sure that the second was not taken out to purchase her business or investment property), and she doesn't even disclose her business in any paperwork.

I was served with her response and a scheduled hearing date on November 8, 2006.  The hearing was scheduled for November 17, 2006.  I live out of state -- am I required to be present?  I filed a motion for continuance so that I may prepare my case more adequately.

Did I file the right paperwork?  The Motion to Compel Discovery?  I have my response to her declaration prepared but would like to wait to file until I receive the documents I requested in my motion to compel discovery.

I cannot find the motion for continuance and for discovery online.  I have copies of the ones I prepared and can send them via email as well as my declarations.

You can email with your response as well at [email protected].  

Thanks for your help and any suggestions!
JAMingori

[socrateaser]

>Did I file the right paperwork?

I don't know WA civil procedure. Generally the financial declaration requires disclosure of certain items and if you want something else, then you need to serve a request for production of documents and other things.

Generally, where there's a self-employed parent and you suspect funny business, you would want to schedule a deposition and have the parent produce all of her financial documents. Then you hire a forensic accountant to reconstruct the parent's income and expenses. Then you have the expert testify to the findings.

All of this gets very expensive, so there is always a breakeven point where it's not worth the litigation cost.

Obviously, if you can do the accounting yourself, then that would save you money, but ultimately, if the other party refuses to produce the requested docs, then you must file a motion to compel discovery.

Your post suggests that you requested discovery of other financial information not required directly by the financial declaration form. If so, then you didn't do it right, and the other parent has no obligation to produce the documents.

However, I'm not really certain whether you did it right or not -- I'm just doing some educated guessing here.

>You can email with your response as well at
>[email protected].  

That's not how we do it in this forum, but thanks for the offer.

[JAMingori]

SOC,

Thanks for your thoughts.  I apologize for not following forum procedures.

1.  Do you know where I can find the documents to request discovery or interrogatories for WA state Superior Court?

2.  Where can I find the form to compel the other party for production of documents?

3.  How do I find out if my motion for continuance was granted?

4.  I did file a motion to comple discovery.  Does that make other party responsible for providing requested documentation?

5.  I had originally requested discovery through a personal declaration not the financial declaration.  Does that count as a request?

6.  I live out of state, am I required to be present at the hearing?

7.  If so, can I request that the proceedings be conducted via telephone?

[socrateaser]

>1.  Do you know where I can find the documents to request
>discovery or interrogatories for WA state Superior Court?

Whatever form documents are available, are located on the WA State Court website: http://www.courts.wa.gov/forms/

I don't know if the site has forms to accomplish discovery or interregatories, or if it does, whether the document forms cover the issues that you're attempting to resolve.

>
>2.  Where can I find the form to compel the other party for
>production of documents?

See above. Also, you must become completely familiar with WA Code/Rules of Civil Procedure, and the WA State Court Rules, which may be both uniform, as issued by the State Supreme Court, and which may also include local rules published by the county court where your case is filed.

>
>3.  How do I find out if my motion for continuance was
>granted?

Call the court clerk and/or the judge's personal assistant/clerk. It's either granted or denied by order or still pending.

>
>4.  I did file a motion to comple discovery.  Does that make
>other party responsible for providing requested
>documentation?

Only if your motion alleges and proves that discovery was properly requested and never complied with. However, if the other party responds with excuses for why she didn't produce discovery as requested, rather than argue that discovery was never actually requested, then the court will assume that discovery was proper and rule on the merits of the motion, rather than the lack of proper procedure.

>
>5.  I had originally requested discovery through a personal
>declaration not the financial declaration.  Does that count as
>a request?

No. But, as explained above, and depending on the other party's response to your motion, it may not matter how you requested discovery (or, it may matter a "lot").

>
>6.  I live out of state, am I required to be present at the
>hearing?

Unless you have arranged for a telephone hearing or hired an attorney to appear on your behalf, then if you don't appear, the court will rule without you.

So, no, you're not "required" to appear, like you might be if a warrant or subpoena were issued to compel your appearance. But, if you fail to appear, then you'll probably lose, and as an added bonus, you will annoy the judge.

>
>7.  If so, can I request that the proceedings be conducted via
>telephone?

Depends on the jurisdiction rules and the judge. You always need the court's permission for a telephone hearing.

One additional comment: I've been doing pro bono legal help on this webite for almost 5 years now, and before that I did it on several other sites. I'm usually pretty good at determining whether or not a person is capable of representing him/herself in court, at least in terms of that person's acquired legal knowledge.

My opinion is that you are not ready to face this challenge, and that if you don not hire an attorney, you're gonna get your ass handed to you. This doesn't discount the possibility that you will eventually learn what's necessary to fill in the gaps, but by then it will probably be too late for this round and you will have restricted your future options enormously by your early mistakes.

Furthermore, if you have a relationship with an attorney where the lawyer is explaining the process and interacting with you, that's like getting a legal education on the subject of the case.

So, you should seriously consider hiring a lawyer. You don't have to respond and tell me you can't afford it, because no one can afford it (and no one wants to afford it). But, in your case, my view is that you cannot "not afford it."

[JAMingori]

Thank you.  I will taking your advice very seriously and hope to obtain the services of an attorney in the very near future.