Do FL Rules of Civil Procedure 1.560 Discovery in Aid of Execution SPECIFICALLY paragraph (d) apply in Family Court?

Asked almost 3 years ago - Winter Park, FL

My ex husband has stopped paying alimony. He is a licensed real estate broker/salesperson. He has used a 1099 to pay his current wife 50% of his income. She is not licensed. In production, he claims that the $135,000 paid to current wife over the last 3 years is repayment of advanced fees and support, essentially a loan.
Q: As I read IRS instructions for use of a 1099, loan repayment isn't an event that warrants a 1099. TRUE?
Q: Am I within my rights (using the rule stated above) to ask for all the current wife's financial data? He sent 6 months of checking account statements with multiple transfers to 3 OTHER accounts, although no statements for the other accounts were included.

Attorney answers (2)

  1. Thomas R. Peppler

    Contributor Level 13

    Answered . You may engage in any form of financial discovery, requests to produce, interrogatories, depositions, etc., in order to determine and show to the court that your husband is improperly diverting funds to his current wife in order to avoid paying child support.

  2. Michael Paul Sampson

    Contributor Level 10

    Answered . Regarding your question about Florida Rule of Civ. P. 1.560, it does not apply. There is a specific counterpart, Florida Family Law Rule of Procedure 12.560. Subdivision 12.560(d) applies to final judgments that award money damages.

    The financial relationship between an obligor, who owes but stopped paying alimony, and someone else such as a current wife is discoverable. That doesn't mean all of the new spouse's financial data are discoverable; discovery is limited to the financial relationship between the former spouse and his current wife. Because the alimony obligation isn't a final judgment which awards money damages, avenues other than 12.560 may be available to discover some the information you are seeking.

    Check with a tax advisor on your specific other question about 1099s.

    Please note that this response is not intended to create any attorney-client relationship and is only based on the... more

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