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Will a motion to compel delay my hearing for child support modification?
Anonymous5 views4 answers
I didn't receive anything listed on the mandatory disclosure other than the financial affidavit. It's my understanding that they have to provide paystubs, bank statements, etc. It will be 45 days since the date of service the week before the hearing. The child support guidelines worksheet that was completed by my ex greatly reduces my monthly support obligation, even though their answer to my petition is contested. Is the child support guidelines worksheet going to be enough for the court to modify my support order and if I file the motion to compel a week before the hearing, is it going to delay my case or can I just bring that up at the hearing? Thank you.
I would greatly suggest that you do a Motion to Compel so that you really know what the numbers are prior to going to trial. I would alos include do a Motion for Continuance of the Final Hearing so that you can obtain the requested docs
File your motion to compel. The purpose of the mandatory disclosure documents is to back up what is being claimed on the financial affidavit. You will have no way to know whether the financial affidavit is accurate without the mandatory disclosure documents. Depending on your judge, if you don't pursue that discovery ahead of the hearing, you may be stuck with what you've received and the court may not entertain any requests at that time for more information or documentation. Better to have the full information ahead of the hearing. The court has the ability to apply the modified amount of support back to the date of filing. If there is a modification granted credits or arrearages can be calculated based on the modification back to the date of filing. That should rectify any issues caused by any delay to pursue discovery.
You should file a Motion to Compel Mandatory Disclosure. Without verification of income, a party can play around with numbers on their Financial Affidavits and Child Support worksheets. If this is going to result in a significant reduction of child support being given to you, it is advisable to get this information, The disclosure is called Mandatory for a reason. Good Luck.
If you want proof of the earnings of the other party, then yes, file the Ex Parte Motion to Compel and proposed Order. In your Wherefore clause, ask that she bring the documents with her to the hearing. Generally, a court will allow the opposing party anywhere from 10-30 days to comply with the outstanding discovery. If you don't care about verifying the income, you have the ability to waive the requirement for Mandatory Disclosure.
