If I filed an OSC to modify custody, visitation and support; but I want to take support only off calendar, can I?

Asked about 2 years ago - Northridge, CA

Because I checked support originally, now the resp. atty is asking for discovery regarding my financials etc. I realized I asked for too much at once in my original OSC, and now I want to table the support issue until a later date.

Attorney answers (3)

  1. Tobie Brina Waxman

    Contributor Level 18

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If you want support, you should not "table" the issue until later. You have not asked for "too much". If you are entitled to and need the support, forge ahead. Regardless of when you proceed with the issue of support, resp. atty may and obviously will propound discovery. Unless you have something to hide, go ahead and respond. Don't think that if you table the issue of support that resp. atty will withdraw the discovery requests. You may end up getting less than actually requested, but at least in the case of child support, the amount is based purely on legal guidelines and not some subjective calculations by resp. atty.

  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . It is too late to avoid discovery now even if you withdrawal the issue of support. If they responded for support asked for affirmative relief you technically can't withdraw it and they can seek to have the matter heard.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  3. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    Answered . This is unfortunately the classic scenario in which a party attempts to litigate a case on his/her own, which results in costly mistakes. It is why I always recommend consulting with an attorney before commencing any time of action. That way, your attorney can help you strategize your case, and explain the benefits and risks involved in a particular course of action.

    If you can afford to hire an attorney, you should do so immediately. You have options available to you, but it would be imprudent for any attorney to advise you without reviewing the moving papers and understanding all of the relevant facts.

    It may be that the opposing attorney is simply trying to intimidate you by propounding discovery. Unfortunately, you opened the door to your financials, and so the opposing attorney has every right to propound discovery, so long as it is not over-broad. Don't retreat now--that will signal that you have something to hide in your financials.

    You can take your OSC off calendar, but the opposing attorney would likely ask for attorney's fees and sanctions if you do.

    Good luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,591 answers this week

3,254 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,591 answers this week

3,254 attorneys answering