New Spouse's Rights to Privacy and Emotional Distress

The issue arises in Mississppi

A little about the background of this issue. My husband is in a civial suit with his ex-wife due to his reduction in pay has made it impossible for him to pay what he agreed to pay in their divorce decree. My husband is also asking the court to reduce amounts of alimony, child support, and etc. This case is to go to court in the middle of June 2010. When my husband recieved discovery questions and production, there were question which involved my personal income and personal medical information. When my husband and his attorney answered these questions, they only included my husband's information and denied that my husband had spent any funds related to my medical care. Then my husband's ex-wife and her attorney filed a motion to compel against these questions. The judge ordered for my husband to answer these questions to the fulliest.

Here are the questions:

~List every purchase made by upi or your spouse at any time from June 1, 2009to the present of any asset with a purchase price of $500 or more. For each such asset, provide a description of the asset, the date of purchase, the purchase price, the amount of debt secured by the asset, and the name(s) in which title to the asset is held.

~List by payee, date and amount of payment each payment made by any person or entity during your current marriage for reproductive medical care (e.g., in vitro fertilization, ovarian stimulation, etc.).



I find these question harrassment and vindictive towards me caused by my husband ex-wife; furthermore, I also find them in violation of my constitutional rights. I believe this questions are only to cause me harm and embarrassment in the courtroom and etc.

I have refused to answer these questions and am requiring my husband and his attorney to file a motion for reconsideration to the court; however, I need to know what my options are if the court does not reconsider these questions and i am forced to compel.

Please include all websites in which would help me protect my rights.

The judge has made his ruling. You don't get to sue the other party for making what the judge has held to be a proper discovery request.

If your husband does not comply with discovery, I would expect that he'll be denied relief on his motion.

Do you understand why these questions are being asked?
Do you not see the validity in the disclosure of this information?

Very valid questions.

Invasive? Yeap.

But valid.

Edit to add scenario:

OP had IVF/other fertility treatments four times within the past 12 months...but Dad is trying to reduce his current support obligation on the basis he can no longer afford it.

See the contradiction there, OP?

Quote:

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Quoting Dogmatique

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Very valid questions.

Invasive? Yeap.

But valid.

Edit to add scenario:

OP had IVF/other fertility treatments four times within the past 12 months...but Dad is trying to reduce his current support obligation on the basis he can no longer afford it.

See the contradiction there, OP?

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Here let me spell out the contradiction:

OP is looking to have more babies for this man to support but he is trying to ditch the ones he already has.:wallbang:

Quote:

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Quoting Antigone

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Here let me spell out the contradiction:

OP is looking to have more babies for this man to support but he is trying to ditch the ones he already has.:wallbang:

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Don't want to be the bad guy but...Dad is really working diligently at trying to get rid of those financial burdens...

(post history)

If you would have read my entire post, I stated that "Dad" had denied making any payments toward my medical bills including any type of reproductive medical care. It is not contridicting when in fact I, myself, pay for these medical bill as well as my family which has nothing to do with my husbands prior marriage, divorce, or children within his prior marriage. My husband has answered the question and understands why HE is being asked the question; however, I -me- and myself should not be included in the courts procedures at all as my own income - funds - family have the right to my wishes. Also no one is trying to "ditch" anyone. He takes very good care of his children and pays way more in child support than the normal person would have to pay. Again, his income has DECREASED; therefore, by the law in MS he should only be paying 20% of his earnings.

Furthermore, I don't remember asking for anyone's opinion ONLY facts please!

I'm not asking to "sue" anyone. I'm only asking if I can take this to a higher court?

I do understand why these questions are being asked to my husband to disclose; however, it states "any persons or entity" which means if I have friends and family that are willing to pay for in vitro my husband has to disclose this information which in fact is not relavant to this case.

I nor my husband have no objection answering the question on his behalf, but to get "others" involved is just ridiculous!

The facts:

The court will want to know why Dad is trying to reduce the support on the kids he already has because he can't afford it when it appears he's fine with supporting a new child (should you actually become pregnant.)

I do not see where the Judge ruled in error, hence there are no grounds for appeal.

Quote:

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Quoting Please Help!

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Again, his income has DECREASED; therefore, by the law in MS he should only be paying 20% of his earnings.

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This statement is not accurate. He has a court order in place to pay his support based on his income at the time the order was written. The reason his income has now decreased greatly impacts if the order can be re-written.

For example if he is fired from a $125K a year middle mgmt. position due to poor performance and then takes a minimum wage job flipping burgers - the Court is NOT going to say, 'poor thing, let's reduce your support order.'
Also - if you and or your family is paying to help him bring more dependents into the world - knowing his income has decreased and he is trying to pay less support for children he already has an obligation to support - it will not be looked upon favorably.

I do not know MS law but would be surprised if your 20% quote is correct.
Many places have no $ cap at all, but the calculations can be in the 50% range.

FYI:

MS Child Support Guidelines

(OP is correct about the 20% for 2 kids)

(Although...the court CAN go outside of that formula too...)