Legal Question in Family Law in California

My husbands ex-wife is trying to make life difficult for us. She has sent us a demand for production of documents and a request for adminsions. In the demand for documents she asks for our 2009 tax return, copy of all receipts dating back to 1996 (birth of their son) for all medical and child care expenses, she demands that we give her all documents relating to any finacial assistance for my education as well as welfare and public assistance dating back to 2001. I know that there are rules in regards to financial records dating back more then 5 years and there are 3rd party privacy rights. Can she ask for these documents? How do we respond?


Asked on 5/19/10, 4:32 pm

1 Answer from Attorneys

You respond as permitted under section 2031.010, et sequiter, of the Code of Civil Procedure. It sounds like you have some valid objections but there is no blanket rule regarding a five year limit. Without knowing what is at issue in the divorce case, I can't begin to advise on what might or might not be an allowed demand and what would be properly objectionable. I guarantee that current tax returns are discoverable. Beyond that it depends on whether the documents requested are "reasonably calculated to lead to the discovery of admissible evidence." And that depends on what is at issue.

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Answered on 5/24/10, 9:50 pm


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