I submitted all the necessary paperwork to the child support review and modification attorney, but my kids father(NCP) attorney is requesting the same paperwork and more; last two years of bank statements, proof that I have been looking for a job(I have been unempolyed last two years), my budget for the month, copies of lease, utility bills, etc. He has never produced any of this, so why do I have to do it again and for his attorney at that? I can't afford an attorney , so will I be held in contempt?Oh I have been a full-time student the last two years for nursing though, so I am trying and not just sitting on my but doing nothing; and every job I have applied for the last two years, I was turned down, and still have all the emails from these jobs I've applied for.
Unfortunately, you do have to comply with the discovery process whenever you are involved in litigation. However, you really should get legal advice. Try contacting Atlanta Legal Aid or Atlanta Volunteer Lawyers Foundation. You could qualify for free legal services.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
Yes, you have to respond.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Yes, you do have to respond to the request. The fact that he hasn't provided the same information does not mean that you get to ignore the request. Failure to respond could cause you to have to pay attorney's fees, and could potentially lead to you being held in contempt.
Both parties have the right to request discovery from the other party. If you see a need for the same or similar information from the child's other parent, you have the right to request it. If presented with formal discovery, the other party will be under the same duty to produce the requested documentation.
It is unfortunate that you cannot afford an attorney because it appears as if you definitely need one. Have you attempted to secure discounted (or free) legal assistance? You should contact Atlanta Legal Aid, the State Bar of GA Pro Bono Project, and the Atlanta Bar Association to see if you qualify for any of their legal assistance programs. You should also look into whether your school provides legal assistance for its students.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Yes, you will need to respond to the discovery requests. That process is provided for under the Georgia Civil Practice Act and is available so that the parties can determine the other party's income assets for purposes of calculating and modifying child support. And because both parties' incomes are used to calculate that support, the custodial parent's financial information is discoverable as well. You will need to do your best to provide the information requested.
I would strongly suggest that you try to find a way to hire an attorney to represent you in the process. You want to make sure that your children's father pays the correct amount of child support. Having an attorney on your side will facilitate that.
Nothing contained herein shall be considered or construed as creating an attorney client relationship between the party asking the question and the attorney. All legal problems are different. The answer given is only a general response based upon the facts provided and should not be considered specific advice for your case. Always contact a lawyer for advice about your particular circumstances and issues.
The short answer is -- YES. You do need to respond in a timely manner to the opposing counsels Discovery Requests and Notice to Produce. The Georgia Civil Practice Act provides the means for parties in civil cases to determine the assets and income of the opposing party. Georgia law requires the amount of both parents income in determining the proper amount of Child Support. I would strongly advise you to take the necessary steps to retain experienced legal counsel to represent you in this case. You are at an extreme disadvantage attempting to represent yourself in a complicated legal case like this. The money you spend in retaining an attorney is oftentimes a great investment because knowledgeable representation can result in the opposing party being required to pay a higher amount of Child Support! Good Luck to you and your children!
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline