Legal Question in Family Law in Maine

How responsbile for income information is a new wife supposed to give when her n

My new husband of 4 months has primary residence of his three minor children. His ex-wife is fighting having to pay any child support or any medical bills. I recently received a letter from her lawyer wanting to know everything about my personnel finaces. They want to know about my retirement, life insurance policies, wages, rental property I may owen, cds, savings, and checking accounts I have. They have requested this information from the time my husband and ex-wife divorced. I didn't even know my husband when he was divorced and never even meet him until 6 months later. Can they legal ask for this info and do I have to give it to them? I agree to giving some info after our marriage but not before. My husbands name is not on any of my financial stuff. Thank you for your help.


Asked on 2/23/04, 12:33 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: How responsbile for income information is a new wife supposed to give when h

Without knowing more about the overall situation regarding your husband's employment, income, the issues his former spouse claims to impact the child support, the age of the children, etc., it is difficult to directly answer your question. Generally the income and assets of a second spouse are not used in calculation of child support because the second spouse does not have a legal obligation to support the children. However, it is possible that the issue in the case is such that the father is not contributing to support on his own, and relying upon the income of the second spouse. The Court may determine that child support should be calculated based upon a presumed amount the father could contribute if he chose to do so.

If your husband does not have an attorney, it seems to me like he should, and his attorney would be in a better position to evaluate these issues and to object to inappropriate discovery requests.

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Answered on 2/24/04, 8:00 am


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