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My ex wife refuses to disclose documentation after being served with a Request for Pattern Interrogatories and Documents

Denver, CO |

My ex wife is refusing to provide pertinent financial information in regards to child support modification. She is not working by choice and is living off of her husbands significant income. While I realize she has the legal right to do so, I also understand that her potential income is to be imputed into the child support calculator. This would be calculated by averaging the income reported for income tax purposes for the last 3 years she worked. The problem is that the law only requires her to provide the past 3 years and she hasn't worked since 2008. Pattern Interrogatories/Request of Documents requested tax docs 2006-2008. Now I need to file a Motion to Compel. However, this motion again only asks for the past 3 years of tax information. What can I do to get the information I need?

Attorney Answers 2


  1. Do you have counsel? If so, run that issue by him/her. If you do not, a Motion to Compel is appropriate. You may want to sit down with an attorney to help you put that together if you do not have counsel.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. The last three years is the standard disclosure requirement. However, you can ask for more information through discovery requests such as interrogatories and production requests. If you do not receive answers, you are required to consult with her to try to resolve the issue and then you can file a motion to compel if it remains unresolved. The standard forms may not be appropriate to your situation and you may need to draft something different.

    If you don't have an attorney, then you are exercising you right to act as your own attorney. This means that you need to learn the rules and figure out how to draft legal documents just like any other attorney would. Alternatively, you can hire an experienced family law attorney to represent you.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.