Legal Question in Family Law in Virginia

Question about discovery

My brother is going to court for a child support hearing. He has 49% custody, the mother has 51%. This is only a child support hearing, her attorney is requesting a discovery, and in the discovery, he wants to see his tax returns/w-2s back to 2000. He claims in the paperwork, that if my brother does not respond, then he will be responsible for the lawyer fees. Up until October of 2003, my brother had 51% custody, so I do not feel that the requested information is necessary. Can my brother deny him this information?


Asked on 4/25/04, 10:05 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Question about discovery

Your brother should respond to each and every discovery request, which doesn't neccesarily mean providing the information which is being requested.

Your brother may respond by objecting to the request followed by a brief explanation as to the basis for the objection, e.g. the information being requested is not relevant since he had 51% custody up until October 2003.

However, if the court subsequently orders him

to provide the information, he must do so or face possible sanctions.

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Answered on 4/25/04, 11:21 pm


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