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I want a Motion for Discovery because my ex is claiming he can't afford to pay the court ordered private schooling tuition. I know that is not true. Therefore, the Motion for Discovery would prove (from paystubs and bank records) he can afford to pay and is in contempt. The state is Alaska. I am trying to figure out if I need to write his attorney a Demand Letter prior to filing the Motion for Discovery requesting financial documentation.
You'd be wasting your time sending the attorney the demand letter. Just go ahead with the Motion for Discovery. But you could also file a Motion for Contempt if the ex was court ordered to pay for the tuition in the first place.
You have filed a motion to enforce the support order?Quote:
Originally Posted by mdrowan
In Alaska, we engage in discovery in much the same way it's done in most places in the U.S.: one requests information from the opposing party, and only if the other party refuses or otherwise fails to comply do you file a motion with the court.
So what you would do is send his attorney a request for production (a demand letter would serve the same purpose, but I have seen at least one attorney in Alaska refuse to honor it because such a letter was not what he regarded as a "regular" RFP. :rolleyes:), by which you demand copies of all of his paystubs and bank statements, check registers and other bank records for a suitably described period. If he objects, or fails to produce the documents within 30 days after service of the request, you would then file a motion to compel.
Im living in a property that is in foreclosure and I didn't know. The owners resquested for me lo live the deposit and leave the apartment. I did not move now I received a summon, if I want o file a motion what should I write on my letter
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