Legal Question in Family Law in Florida

divorce modification

I filed for modification February 2007 was denied modification August 2008. I am awaiting fee hearing with the Judge in December 2008. Under oath on two occasions the ex-husband claims 2007 taxes have not been completed but estimated. I believe I saw a copy of his 2007 taxes completed January 2007. I believe this is mandatory information and would like to see a copy of the withheld taxes provided by his accounting firm. Do I have a right to see these taxes and if so how can I get my attorney to provide the records for review to my accountant?

If I appeal is it customary to ask for the entire fee up front. Is there some way of putting a cap on the Appeal charges. I live on a fixed income of $2,500 per month. The modification was to cost $10,000 and 6 months but has lasted almost 2 years and $70,000. I have all but run out of money, borrowed money to pay legal bills and I am without money for medical expenses

Any information is greatly appreciated


Asked on 11/10/08, 11:46 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: divorce modification

If your ex has completed his taxes, you are entitled to see them. Perhaps your attorney can subpoena the accountant's records.

It is customary to ask for appeals fees up front. You could ask the attorney to cap fees on the appeal, but not many attoneys will do that.

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Answered on 11/10/08, 10:28 pm


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