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  1. #1
    Join Date
    Oct 2006
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    16,474

    Default Re: Can Discovery Be Used in Child Support Recalculation

    Quote Quoting AmericanDadof5
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    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.

  2. #2
    Join Date
    Aug 2016
    Posts
    163

    Default 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

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can Discovery Be Used in Child Support Recalculation

    Quote Quoting frewer
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    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.
    They may be trying to convince the court that you are hiding income. That's more likely the position that they would take if you're self-employed, but they may believe that you have undisclosed sources of income (perhaps cash income) that they hope to uncover. However, as llworking suggests, some of those requests seem broad even for an investigation of possible undisclosed income.

    Tennessee has broad discovery rules, and on a quick review I didn't see anything that would prevent discovery of material that may be relevant to your income. If you believe that the material is not relevant, you may object (I suggest doing so through a lawyer who has reviewed the facts and confirmed that objection is proper) or may file a motion to the court seeking to limit discovery.

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