Legal Question in Civil Litigation in Virginia

This is a child support appeal question. I have been in a child support battle with my ex. He is claiming that he no longer has his own business and is employed by his friend. I requested several documents in the discovery process related to his business, hoping that the court would impute his business income for child support instead of the amount he is claiming to make under his friend. He failed to produce the documents and the case was continued two times with the judge instructing him to produce the documents.
Yesterday, on our third visit, he did not produce the documents again but the judge refused to continue. I had to present my case without the documents I presented. Based on the oral evidence (which is just my word against his) an order was made but the father plans to appeal for a calculation error. Will I have a chance to demand that the original documents I requested during discovery be produced during the appeal? They would prove he made more per hour than what he is claiming under his friend.

Asked on 12/04/12, 7:01 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, of course, you can demand but that doesn't necessarily mean that

it will be granted. However, if in fact your demand is relevant to a particular

issue that is the basis for the appeal, the court may grant your request

even though apparently you will not be the party appealing the lower court's

ruling.

After all, as 'ole Clem Kadidlehopper used to intone: "Them that don't ask,

(usually) don't get".

Answered on 12/04/12, 11:51 am

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