Legal Question in Family Law in Maryland
attorney client priviledge
My lawyer forwarded a copy of a
letter in 2002 that was from my ex
husbands lawyer to my ex husband.
The attorney was scolding him for
not being truthful about finances
(child support obligations to me)
during our original divorce.
can I use it in our current child
support modification?
1 Answer from Attorneys
Re: attorney client priviledge
The lawyer's letter is inadmissible in court, because it's considered hearsay. However, you could use it to cross examine your ex. For example, you could ask him if he gave his lawyer understated income information back then, and if he denies it, ask him why his then-lawyer so claimed in the letter. However, if he denies it, you won't be allowed to admit the letter in evidence, because it's not your ex's statement.
What you should be focusing on presenting in a modification hearing is the amount of your current respective incomes. You should have current pay records and tax returns from your ex to do this. If the child support guidelines using current income figures would support an increase, the court can grant your modification request.