Legal Question in Family Law in California
HELP!!!!
Court hearing for child support owed by my ex is set for february 7, 2011. It will be based on a 3 month pay history and a submitted income/expense dec from both of us. My question is... along with that my ex's attorney is asking that I turn over all financial documents i have dating back to January 1, 2008 (pursuant to California Code of Civil Procedure Section 2031 and 2034).
He is not stating a REASON for needing to dive into my financial history!!!! Also at the end of the request it states:
all objections will be deemed waived, and a formal notice to compel production will be made pursuant to Section 2031 and 2034 of the California Code of Civil Procedure. At that time sanctions will be requested for the costs relating to said motion, inasmuch as you are now given the opportunity to produce those documents without necessity of a formal motion.
What does that mean? Does it mean if I dont give them my documents I will be charged for the cost of an investigation? The judge said the child support calculation will be based on a 3 month pay history and a submitted income/expense dec from both of us. I dont understand why they are asking for my financial records beyond 3 months? I dont feel that there is a reason for my ex to see what I spend my money on each month. ALSO My finance and I share a bank account what does that mean to my ex's attorney? Will the funds my fiance contributes to our account be included as my money? Since I share an account with my fiance isnt that a violation of his privacy? Can I request the same info from my ex's attoney concerning my ex's finances?
1 Answer from Attorneys
Child support does requier a pay history if you are fluctuating income or self employed. Generally that should not be a problem, your pay history is your pay history and there is nothing you can do about that. You will have to produce that and show the judge your earnings so child support can be calculated. You can make arguments for why it should be modified or reduced but your income is generally your pay history. Unless you are self employed and those are business expenses which would factor into the net income.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com
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