What can be asked by interrogatory in a post judgment modoification petition?

Full question:

I am going through court proceedings with my ex-wife. We have two children in common. The case is a post-decree modification for transportation issues; child support is not included in the petition. Her attorney sent over interrogatories for me to fill out and send back to him. The interrogatories request a lot of business information and personal income information, although child support is not on the table. I provided what information I had and my attorney objected to some of the requests. We also explained that I would be unable to include much of the information because it would take me time to gather it. A judge gave me time to get it and again I gathered as much information as I possibly could. He was not happy with the information, although his secretary wrote my attorney and said they received everything they requested. The attorney then filed a motion to compel. He continues to dig into my finances and is now requesting that the judge agree to an audit of my personal and business taxes because he is not happy with my taxes filed with the IRS. He is making false claims that I make more money and that I use the accounts for personal expenses. The judge is considering his motion to compel although he has received the information he requested and once again child support is not on the table. Is there a rule or law that prohibits or excludes my responsibility to provide him with financial information if child support included in the petition with the courts? How may I remedy this situation? How accurate may I expect this to be?

• Category: Divorce
• Subcategory: Modification
• Date: 04/07/2025
• State: Arizona

Answer:

Interrogatories are generally required to be answered unless an objection is made that they seek privileged information, or are overly broad, unduly burdensome, and not reasonably calculated to lead to the discovery of admissible evidencce. A motion for extension of time may be granted in the court's discretion to allow a party more time to act in a litigation matter. The court will often grant the motion when the moving party can show a justifiable reason for the delay and is not seeking a delay merely for the purpose of delay or for an improper or harassing motive. Requiring additional time to obtain evidence, witnesses, or assistance of counsel is generally considered a proper motive. The court is more likely to grant an extension when there hasn't been a previous request(s) for additional time. Sometimes a continuance may be stipulated to by the opposing party's attorney and the court may be more likely to grant the extension when it has been stipulated to by the opposing party or their attorney.

In Arizona, child support, spousal maintenance, and clauses relating to custody, visitation and the parenting plan are modifiable at any time, including post judgment. Support payments may be increased, decreased, or canceled. Both physical and legal child custody and visitation rights – or parenting time – can be modified if warranted by a change in circumstances.

The only portion of your divorce judgment that, as a general rule, cannot be modified is the distribution of the marital estate/property.

The following is the Arizona Rule of Civil Procedure which addresses what may be asked during post decree discovery (i.e. interrogatories):

Rule 91. Post-Decree/Post-Judgment Proceedings

P. Disclosure.

1. In any proceeding for modification of child custody or parenting time, each party shall provide to the other party or parties, the information and documentation set forth in Rule 49(B).

(This Rule 49(B) states "B. Child Custody or Parenting Time. In a case in which child custody or parenting time is an issue, unless good cause is shown, the following documents and information shall be served on the other party with the Resolution Statement:

1. A copy of any past or current protective order and underlying petition involving a party or member of the party's household.

2. The name and address of each treatment provider and period of treatment involving any party for psychiatric or psychological issues, anger management, substance abuse or domestic violence, for the period beginning five years prior to the filing of the petition.

3. The date, description, location and documentation of any criminal charge against or conviction of any party or member of the party's household occurring within ten years of the filing of the petition.

4. The date, description, location and documentation of any Child Protective Services investigation or proceeding involving any party or member of the party's household occurring within ten years of the filing of the petition.")

2. In any proceeding for modification of child support or spousal maintenance, or for attorneys' fees and expenses, each party shall provide to the other party or parties, including the state, if applicable, copies of the following documents:

a. that party's most recently filed federal and state income tax returns, with all schedules;

b. that party's four most recent consecutive wage statements from all employment;

c. that party's most recent federal tax W-2, 1099, and K-1 forms, as applicable; and

d. in modification of child support proceedings, an employer provided statement of the cost of medical and dental insurance coverage for the parties' minor child(ren).

3. In addition to the above documents, each party shall likewise disclose, in writing, the following:

a. all exhibits intended to be used at any evidentiary hearing; and

b. the names, addresses, and current telephone numbers of any witnesses and a description of the substance of each witness's expected testimony.

4. Upon motion of any party, or by the court's own motion, additional disclosure may be ordered.

5. The provisions of this rule do not preclude any party from requesting additional documents or information through discovery procedures.

6. Unless otherwise ordered by the court, the information and documents required to be disclosed shall be served in such a manner as to assure their receipt as soon as possible after the initiation of proceedings, but in no event less than three (3) judicial days prior to the scheduled hearing, absent good cause shown.

Q. Sanctions. If a party or attorney fails to obey a scheduling or pre-hearing order or any provision of this rule, or if no appearance is made on behalf of a party at a post-decree or postjudgment conference, an evidentiary hearing, or other scheduled hearing, or if a party or a party's attorney is substantially unprepared to participate in the conference or hearing, or if a party or party's attorney fails to participate in good faith in a conference, hearing, or in the preparation of a resolution statement or joint pre-hearing statement, the judge, upon motion or the judge's own initiative, shall, except upon a showing of good cause, make such orders with regard to such conduct as are just, including, without limitation, those listed in Rule 76(D).

R. Dismissal of Petition For Lack of Prosecution. If a petition to enforce or modify a prior family court decree, judgment, or order is filed but not presented in proper form as required by these rules to the assigned division within one hundred twenty (120) days, is filed but not served upon the adverse party within one hundred twenty (120) days after filing, or is otherwise abandoned by the appearing parties with no activity for one hundred twenty (120) days, and there are no hearings or conferences scheduled with respect to the petition, the court may issue a notice that the petition will be dismissed by the court in no less than sixty (60) days without further notice, unless prior to the expiration of the sixty (60) days service is completed and further hearing is requested, or the court sets the petition for further proceedings. If a petition to enforce or modify a prior family court decree, judgment or order is filed but not presented in proper form as required by these rules to the assigned division within one (1) year, is filed but not served upon the adverse party within one (1) year after filing, or is otherwise abandoned by the appearing parties with no activity for one (1) year, and there are no hearings or conferences scheduled with respect to the petition, the court may dismiss the petition without prejudice and without further notice. The court may delay these dismissal dates for good cause shown upon motion of any party or on the court's initiative.

S. Attorneys' Fees, Costs, and Expenses. In any post-decree/post-judgment proceeding in which an award of attorneys' fees, costs, and expenses is an issue, both parties shall file a completed Affidavit of Financial Information. If sought by the applicant, the Affidavit of Financial Information shall be filed with the petition and served upon the opposing party along with a blank copy of an Affidavit of Financial Information. The opposing party shall respond by filing a completed Affidavit of Financial Information that shall be provided to the applicant's attorney, or if unrepresented, to the applicant, as soon as possible after service but in no event less than three (3) judicial days prior to the scheduled hearing, unless another specific time is ordered by the court. If the opposing party initiates a request for attorneys' fees, costs, and expenses, a completed Affidavit of Financial Information shall be filed with the court and served upon the applicant's attorney or, if unrepresented, the applicant within five (5) judicial days after service and the applicant shall respond by filing a completed Affidavit of Financial Information to be provided to the opposing party's attorney, or if unrepresented, the opposing party, not less than three (3) judicial days prior to the scheduled hearing, unless another specific time is ordered by the court.

T. Stipulations. Stipulations to modify or enforce post-decree or post-judgment orders need not be notarized, except that stipulations that substantially change the terms of a custody or parenting time order shall meet the requirements of Rule 14(A).