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

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

Posted

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.

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4 comments

Asker

Posted

Thanks Tobie, but I am already paying child support, I am representing myself, and the case is overwhelming. I have already missed the 30 day deadline to object or respond. The problem is that this atty is asking for docs dating back to 2000. I don't have anything to hide, I just can't handle the load of the case. I requested change in custody because 16 yr. old son wants to live with me, and I have new visitation because I relocated from East Coast to West Coast. We are currently scheduled for Solution Focused Eval July 12. Is it even possible to ask that the support piece be put off calendar? We have been in litigation since 2000, fighting to see kids...back and forth on same issues.

Tobie Brina Waxman

Tobie Brina Waxman

Posted

I misunderstood what you were seeking regarding support. I did not realize you were seeking a reduction in the amount of support you are paying. It is unfortunate that you are representing yourself. Have an attorney takes the "overwhelming" out of the equation. If it is your motion, you can give notice that you are withdrawing your request for modification of support. It will not however, obviate the need to respond to resp. atty's discovery. If the discovery is solely related to the issue of support, I would suggest you contact the attorney and ask if he will withdraw the discovery requests if you agree to withdraw that portion of your OSC that relates to support. You can always ask. The worst that can happen is he says no.

Asker

Posted

Thank you Tobie and Isileli, your responses have been very helpful. I had an attorney for most of the 11 years of court, but have exhausted my funds to continue. Doesn't look like I can get around the discovery. He is asking for pretty much any and all kinds of docs and financials dating back to 2000, many of which have already been presented to the court in previous years. Is that not excessive? Since I have missed my window to object, if counsel brings this before the judge in a Motion to Compel, is it possible to raise these objections (among others) at that time? Lastly, I know that discovery must be completed 30 days prior to the "initial" trial date. I have had a few hearings since I filed the OSC in Feb. of this year. How do I know which is the initial trial date? After filing the OSC in Feb, I was given a hearing the first week in March. The judge saw us, heard the case and scheduled a child eval on April 11, and a Solution Focused Eval in July. Is the "initial trial date" the very first hearing we had in March? or One of the ones in April? or the one pending in July?

Tobie Brina Waxman

Tobie Brina Waxman

Posted

OSC is not trial. Trial is trial. Sounds like your matter has not yet been set for trial.

Posted

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 your situation depending on the facts.

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Posted

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 answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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