Do I have to answer interrogatories for a child support case where no hearing is scheduled?

Asked over 1 year ago - Greenville, NC

During our custody battle, my ex (since 2005) sent interrogatories with the child support case file number. There was a review for child support and a determination to increase was made, but then the case was stalled due to a "barrier" which would appear to be the interrogatories. If there is no hearing scheduled, must I answer the interrogatories? Child support office thinks this is a custody matter but custody papers were signed and filed a month ago. Any help will be greatly appreciated!

Attorney answers (2)

  1. Vance Tate Davis

    Contributor Level 17

    1

    Lawyer agrees

    Answered . It is unclear to me how long ago you were sent the Interrogatories and whether a hearing and order were made in the same case in the time since you were sent the Interrogatories. Your case is likely to involve specific issues that cannot be addressed here on Avvo, so you ought to consult a local family law attorney. But as a general matter, when you are sent Interrogatories you must respond within 30 days (although the time may vary depending on your specific situation). If you don't respond to the Interrogatories, you could be compelled to do so and the opposing party could move to make you pay attorneys fees for compelling your response. I would be particularly concerned if, as is often the case, you were not only sent Interrogatories but also send Requests for Admissions. If you fail to respond to a Request for Admission, you could be deemed to have made the admission and usually that kills your case. Example, if I am suing a landlord, I always request that the landlord admit that he breached the lease. Now if the landlord does respond and that is deemed to be admitted, that landlord is going to have a hard time in court. So, in short, you need to double check to see if these were something you needed to deal with and if you haven't, then I would recommend quickly responding before the opposing side moves forward (even if the time to respond has technically passed). Also, I strongly urge you to try to find an attorney to assist you with this matter. You may be able to get help from Legal Aid if you qualify financially. Good luck with your case.

    It is impossible to give specific answers to questions without meeting and fully discussing all of the potential... more
  2. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes unless by leave of court you are granted an exception

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