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:
- State: Arizona
Answer:
Interrogatories must generally be answered unless they seek privileged information or are overly broad, unduly burdensome, or not likely to lead to admissible evidence. A court may grant a motion for an extension of time if there is a valid reason for the delay and it is not for improper motives. Courts usually allow more time for gathering evidence, especially if no previous extensions have been requested.
In Arizona, issues like child support, spousal maintenance, custody, and visitation can be modified at any time, including after a judgment. However, the distribution of marital property is typically not modifiable.
According to Arizona Rule of Civil Procedure Rule 91, in post-decree proceedings for modifying child custody or parenting time, parties must provide certain information and documentation. However, since child support is not being modified in your case, the requirements for financial disclosure may not apply as strictly. The attorney's request for an audit of your taxes may be seen as irrelevant if child support is not part of the modification.
If you believe the requests are excessive or irrelevant, you can continue to object through your attorney. If the judge has already received the necessary information, you may argue that further financial scrutiny is unwarranted. It's essential to work closely with your attorney to navigate this situation effectively.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.