Legal Question in Family Law in Florida
We are residents of FL. My husband is has petitioned the court to establish paternity, child support and visitation with his son. His ex's attorney is requesting production from a non-party (myself) to supply all of my financial documents, W-2's, etc. My husband works for cash only completing re-models, repairs, etc. and due to poor credit, has no accounts of his own. My husband is not listed on any of my bank accounts. In my opinion, my income and financial situation should not be factored into the equation whatsoever. I have my own child to support, one on the way and I do not see how my financials are any of their business, though I will add his son to my health and dental insurance. Isn't child support supposed to be determined based upon the parents' respective incomes and the child's needs? I assume this will delay the process further, but I fully object to providing my financial information so that my husband's ex is privy to my personal information. How would something like this be handled?
2 Answers from Attorneys
You should speak with your husband's attorney. A motion for a protective order is a remedy.
I don't agree with Mr. Slater as to speaking to your husband's attorney - however, I do believe you should file an Objection to Mandatory Disclosure and you need to do so five day prior to the due date for the disclosure or the objection shall be deemed wavied. Get a hearing date and also know that the court shall impose sanctions for the filing of meritless or frivolous objections - this also applies to meritless or frivolous pleadings. You are correct in that child support is based on the income of the parents - not the spouse of a parent.
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