Legal Question in Family Law in California
I am representing myself in a Request for Order for child support, modification, spousal support and reimbursement for overpayments. My ex was laid off June 30, 2014 and also adopted his wife's son which will give him just cause for modifications. He reports $5200 per month in expenses and does not include any information regarding his unemployment benefits. He states, "MIN." for cash, checking and personal property. I believe the maximum unemployment benefit is $1800 per month. I know his parents are giving him cash to support his living expenses and would like to know if I can request discovery to prove that he is being supported. Otherwise, how does he afford $5200 per month in living expenses on $1800 per month and not incurring any additional debt as a result?
Can you tell me how to file for discovery and what the deadline is? I was served on August 19, 2014, for a Sept. 11 hearing. I have requested a continuance but he has refused so I must file with the bench clerk on Monday and will wait for a response. Assuming that I am not granted a continuance, I don't want to miss my opportunity to file for discovery.
Also, can I request a FCS mediation review? I would like to have my children interviewed as my almost 14 year old son would like to stop visitation. Can I file a companion motion to request a QDRO as well. We did not have an order with our MSA. There are, unfortunately, many issues in our case and I appreciate your help.
Thank you.
1 Answer from Attorneys
You have way too many issues to address in a bulletin board forum like this. You need to consult in person with an attorney as soon as possible.