Legal Question in Family Law in California
I am the petitioner in a divorce in CA and my wife submitted the finacial document disclosure forms to me in mid January and her lawyer just sent me a letter saying if I don't provide my forms in 30 days he will ask the court to force me to provide the forms and ask the court to make me pay her legal costs associated with filing such a motion.
Is it likely that the court would charge me for such fees.
Additional info. she makes more money than I and it takes time to gather all the forms since I don't have legal representation, also I am filing taxes for this year joint for the both of us and wanted to submit the financial forms with the current taxes.
3 Answers from Attorneys
It is extremely likely that you will be charged her fees for such a motion. Your disclosure forms are WAY past due and you are being given another 30-days. If you don't have them done then, you can count on the court charging you for her attorneys fees for making a motion to compel you to provide them.
Well, in order for the court to consider you having to pay her attorney fees, the court is also required to look at both your incomes. As she makes much more, then the court may very well, not force you to pay her fees.
On the other hand, you really should get these declarations finished and send a letter to the other attorney, keeping a copy for yourself, documenting your efforts to provide the declarations in a timely manner.
Last, as you are the lower wage earner, you should speak with a local experienced family law attorney to discuss you receiving support from your ex.
Good luck!
It depends on what the forms are. I agree with Mr. McCormick if they are disclosure forms, and if they are discovery responses.
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