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Can Discovery Be Used in a Child Support Recalculation Case

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  • 05-12-2017, 09:35 PM
    frewer
    Can Discovery Be Used in a Child Support Recalculation Case
    My question involves a child custody case from the State of: TN
    My ex and I have been co-parenting our son for many years separately, now she wants to adjust child support and her attorney has sent "discovery" documents requesting me to answer personal information I thought was relevent only for divorce, not child support. For example, wanting to know all my bank account balances, life savings, living expenses. I thought only my income was used for child support, not my savings. This request doesn't appear to be sanctioned by the court, so do I have to provide this information to her attorney? What if I dont answer it?
  • 05-13-2017, 10:03 AM
    AmericanDadof5
    Re: Can Discovery Be Used in Child Support Recalculation
    Discovery can be used in any proceeding. If you dont answer, you could be ordered to by a judge after they motion for it or your lack of answer can be seen as admittance.

    Those questions are often part of standard discovery requests and it can be used to determine your ability to pay a higher amount or if you owe, your ability to pay it using your assets.
  • 05-13-2017, 10:12 AM
    jumanji
    Re: Can Discovery Be Used in Child Support Recalculation
    Additionally, if the judge feels that you are not responding in a deliberate attempt to drag things out, you may be ordered to pay the other party's legal fees for having to ask the court to compel you.

    (O/T Hey AmDad5 - what's going on w/the guys?)
  • 05-13-2017, 10:22 AM
    budwad
    Re: Can Discovery Be Used in Child Support Recalculation
    I'm going to disagree with you that OP has to provide discovery on assets, bank accounts, or investment accounts unless ordered by the court. The child support orders are based only on income. That can include all sources of income but not the ability to pay from assets.

    See 1240—2—4—.03 GUIDELINES FOR CALCULATING CHILD SUPPORT AWARDS.

    A tax return is all that is required at this point. The attorney is just blowing smoke.

    Collecting a judgment on support arrears is a different story but this is for a modification of support.
  • 05-13-2017, 10:47 AM
    Mr. Knowitall
    Re: Can Discovery Be Used in Child Support Recalculation
    Note that the link above is from a site that hasn't been updated for about fifteen years. The best thing to do is to check the current statutes, here -- unfortunately, direct linking is not possible.
  • 05-13-2017, 11:10 AM
    budwad
    Re: Can Discovery Be Used in Child Support Recalculation
    Apparently TN hasn't updated it since 2005. It hasn't changed. It is still only based on income. Nothing about assets.

    1240-2-4-.04 DETERMINIATION OF CHILD SUPPORT.
  • 05-13-2017, 11:44 AM
    AmericanDadof5
    Re: Can Discovery Be Used in Child Support Recalculation
    typically those things are asked for in a financial affidavit and its purpose is to paint a clear picture of both parties financial situation. Where an initial determination or modification its useful for both sides

    Jumanji...I really dont know whats going over there. Its been a couple weeks now.
  • 05-13-2017, 12:00 PM
    llworking
    Re: Can Discovery Be Used in Child Support Recalculation
    Quote:

    Quoting AmericanDadof5
    View Post
    typically those things are asked for in a financial affidavit and its purpose is to paint a clear picture of both parties financial situation. Where an initial determination or modification its useful for both sides

    Jumanji...I really dont know whats going over there. Its been a couple weeks now.

    Sorry but I also disagree with you. That is the kind of thing that is necessary when there is a divorce and you are splitting assets as well as determining child support, but in the case of a simple modification all that is needed is income. He doesn't get any credit for his expenses nor does the opposing party get any benefit of his other assets.
  • 05-13-2017, 12:03 PM
    AmericanDadof5
    Re: Can Discovery Be Used in Child Support Recalculation
    my apologies, Im expressing this from a FL point of view, when we're really just dealing with TN.

    I've read up on plenty of CS modifications in my state where that info has been used by trial judges when making determinations
  • 05-13-2017, 12:34 PM
    jumanji
    Re: Can Discovery Be Used in Child Support Recalculation
    Quote:

    Quoting AmericanDadof5
    View Post
    Jumanji...I really dont know whats going over there. Its been a couple weeks now.

    At least it's not just me!
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