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    Joshua209's Avatar
    Joshua209 Posts: 32, Reputation: 0
    Junior Member
     
    #1

    Aug 30, 2010, 02:49 PM
    Discovery/Production of Documents
    Hey, Gem! Hope this question finds you well. I have a question for you...

    In making a request for documents (i.e.: Bank Statements, Yearly Tax filings, etc.) what if the opposing party is protesting and not willing to produce based on the argument that it violates the rights of her spouse. They've filed jointly since they married 7 years ago, share bank accounts, etc.. Is he legally protected? Does he have the "right to privacy"? Or, is she simly stalling and there is no legal right to withhold?

    Hmmmmm... thanks, in advance, for impartation of wisdom!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 30, 2010, 03:26 PM

    Since his income will not be used in any support calculation he has no right to privacy here. He can request that the documents be reviewed by the court and any info immaterial to the court proceedings be redacted, but I doubt if that wll fly.
    Joshua209's Avatar
    Joshua209 Posts: 32, Reputation: 0
    Junior Member
     
    #3

    Sep 1, 2010, 09:44 AM

    Awesome! Thanks for the answer. Next question. A court order stamped in 2000, given at the time of divorce, stated I had the right to deal directly with all parties making payments to a company we jointly owned during the time of marriage. I was furthermore supposed to collect 1/2 of all receiveables within 7-10 days of receipt and annual accountings. I have NEVER received any of the above. Furthermore, upon contacting the various businesses making payments, all have stated I am not authorized to receive any information and I must contact my ex-wife and have her submit a letter to them granting such authorization. Is producing for them the court order enough since my ex-wife to inform them of anything. Of course, she doesn't want me to discover how much money the company has received over the past 10 years. Hmmmmmm...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Sep 1, 2010, 09:51 AM

    The court order should be sufficient to authorize them to deal with you. You can and should subpoena the full financial records of the company.

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