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Can a privilege informer's privilege be asserted in a divorce case if one of the parties contest the expenses of the other?

Orange, CA |

If my spouse wants to contest my expenses on my Schedule C which are based on my bank statements,which do not necessarily reflect the expenses I claim in my filings, can I assert a privilege(ANY PRIVILEGE OF CONFIDENTIALITY) if I am a cooperating witness with a law enforcement agency which has instructed me not to discuss the matter, and the expenses in question I claim are integral to the investigation? AND IF SO HOW DO I DO THIS AS A PRO SE LITIGANT..

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Attorney answers 4


You'd better have some admissible written evidence of your status as a "cooperating witness" and the instructions given to you by law enforcement, or this is a non-starter. It's REALLY unlikely that you'll be able to accomplish this without the4 assistance of an attorney.


Interesting; why don't you get a notarized statement from the agency stating that you cannot discuss the matter; not sure whether you can admit such statement without a witness presence.

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


You will have to show a clear nexus between the expenses and the criminal matter in question. You would do this by filing objections to the requested information and state why you can't do this. The presumption in a divorce case is that the parties have to provide information on income and expenses.


I am not sure you can assert a privilege based on the law enforcement agency instructing you not to discuss the matter. Let's say somehow you were able to get the judge to agree that you don't have to discuss your expenses, it would only be until the investigation was over, and most judges would continue the matter until the investigation was over and reserve retroactivity. In practical terms, that would mean that you could potentially end up owing money, with interest accumulated, for the period the investigation is going on. I don't see the benefit. You need to get an attorney to help you, as it sounds like there are major problems. The last thing you want to do is appear in family court like you are withholding information from the other party without good reason. Family law is all about FULL disclosure, and spouses owe a fiduciary duty to each other to do so. For further information, click my law office name below.

Since legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.

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