Can I file a motion to compel before the hearing?

Full question:

Family law case. Modification to Child Support. Ex-husband trying to cut support by half. Last modification was in 2007. I'm opposing the modification to show voluntary unemployment and underemployment. Child turns 18 within the year. Jurisdiction is in Utah. Acting on behalf of myself (pro se) doing my own pleadings. Went forward with Discovery (Interrogatories and Requests for Admissions). Ex-husband responded without attorney representation. Sent answers back within two weeks. Made general objections to all questions on the basis of overly broad, unduly burdensome. He wrote that Plaintiff (me) has no legal right to any answers, and anything he provides would be done at his own discretion. He also denied all Requests for Admissions with no particulars. Court hearing on Jan 27th. Can't do much if no evidence. Considering a Motion to Compel. Is it too late before the hearing? Thank you! Lori

Category: Discovery
Subcategory: Interrogatories
Date: 04/07/2025
State: Utah

Answer:

A motion to compel discovery must provide "reasonable notice." If you file it now, with a hearing four weeks away, that would likely be considered reasonable notice.

According to Utah Rule of Civil Procedure Rule 37, you can apply for an order compelling discovery if the other party fails to respond appropriately. You must include a certification that you have tried to resolve the issue without court action.

If the ex-husband fails to answer your interrogatories or requests for admissions, you can move to compel him to provide those answers. If your motion is granted, he may be required to pay your reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that your motion was not justified.

If he denies your requests without specifics, that could be viewed as an incomplete response, which may support your motion.

In summary, it is not too late to file a motion to compel before your hearing on January 27th, as long as you provide reasonable notice.

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.

FAQs

How to beat contempt of court for child support?

To beat a contempt of court charge for child support, you must show that you did not willfully fail to comply with the court order. This could include proving you were unable to pay due to financial hardship or other valid reasons. Additionally, you can demonstrate that you have made efforts to comply or that the order was unclear. It's advisable to gather evidence and possibly seek legal advice to present your case effectively.

What is the best defense for contempt of court?

The best defense for contempt of court typically involves proving that you did not willfully disobey the court's order. Common defenses include lack of ability to comply, misunderstanding of the order, or that the order was not clearly defined. Providing evidence of your circumstances can strengthen your defense. Consulting with a legal professional can help you navigate this process.

Can someone put you on child support without you knowing?

Yes, it is possible for someone to initiate child support proceedings without your knowledge. This can happen if they file a petition with the court, and you may be notified through legal documents. It’s important to respond to any notices you receive to protect your rights. If you believe you were not properly notified, you can raise this issue in court.

How to win a child support modification case?

To win a child support modification case, you must demonstrate a significant change in circumstances since the last order. This could include changes in income, employment status, or the needs of the child. Providing clear evidence and documentation to support your claims is crucial. It's also important to follow the proper legal procedures and timelines for filing your request.

Why is the child support system unfair?

Many people view the child support system as unfair due to perceived disparities in how support amounts are calculated, enforcement issues, or the burden placed on non-custodial parents. Critics argue that the system can sometimes fail to account for the financial realities of the paying parent or the needs of the child. It's essential to advocate for changes if you believe the system is not serving justice.

How to get out of contempt of court charges for child support?

To get out of contempt of court charges for child support, you should prepare to show that you did not willfully fail to comply with the court order. This might involve proving financial difficulties or other valid reasons for non-payment. Additionally, seeking to resolve the issue with the court, such as modifying the support order based on your current circumstances, can be beneficial.