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oknitesky · Jul 8, 2009, 05:06 PM

I am in the process of Modification of Alimony and Child Support filings. I am doing the process ProSe. I have produced the documents asked for in the Mandatory Disclosure requirements, but the other party has not. It lists on the filing papers that the other party had 45 days to produce the listed documents. They have not done so. I have found a document titled Production of Documents that can be sent to them with documentation that is filed with the Clerk of The Court. They then have 30 days to produce the documents. Basically this requires them to produce the documents required in the Mandatory Disclosure, plus an additional 10 questions. Does anyone know what kind of questions are acceptable? I am trying to eliminate the alimony and have the child support adjusted since I now make less money than she does due to a loss of a job. I am quite sure that when the kids are in my custody she lives with one of her boyfriends. I would like to find out how much support he provides for her when she is there. Not necessarily in terms of actual money but if she is living with him part time then she is not in need of alimony to help support herself. Is there a way to find out? What questions would I pose for that information? Can I ask the boyfriend also these questions? Any help that I can get will be appreciated. Thank you.

twinkiedooter · Jul 8, 2009, 08:21 PM

You cannot ask the boyfriend anything. He is not a party to your action against the exwife. It is her income that is taken into account as well as your income. Where she lives is irrelevant. The only thing that would change as far as the alimony is concerned would be if she remarried within the time of the alimony being ordered. More than likely the alimony will only last a few years or months. You need to stress your financial situation in order to get the reduction of the child support or reduction of alimony. Everything else is basically a waste of time to go into.

How long were you married?
How long ago was the divorce final?
How many years/months of alimony were you ordered to pay?

Have you tried serving interrogatories on her instead of the request for production of documents?

oknitesky · Jul 9, 2009, 07:55 AM

I am not concerned about where she lives. I have not control over that. But if she does not need the alimony money to support herself due to getting help form someone else, that should be a factor. The divorce was final 18 months ago. I am to only pay alimony for 3 years. But with no income in sight I cannot afford to continue to pay. The alimony was allowed for rehabilitive use. That is not being done. She has good job as a school teacher. She does not need the money. I supported her and paid for her education to be a teacher. So the need for further education is nil. On her financial affidavit it appears as if she has mistated her income and her expenses. I would like documentation to back up her claims. If she is using child support and alimony monies to help support her boyfriend or he is providing support for her then she does not need as much money for support from me. Modification of alimony and child support is to ensure that both parties are to have a resonable living standard between them. One should not have advantage over the other within reason. The interrogatories form (12.930(c)) pretty much asks for the information included in the Mandatory disclosure but doesn't address the acutual documents. I would like documents available to verify her statements.

cdad · Jul 9, 2009, 05:01 PM

The only documents you could get a reciepts and signed contracts other then the normal tax filings etc. You can also ask for bank statements. As far as how she may be spending the child support money there is no law saying it has to be spent on the child.

oknitesky · Jul 9, 2009, 06:08 PM

I do believe that the money is to be used for the care of the children. Yes not all of it will go there. The amout that is awarded for child support is more that is normally spent on children. A portion of the money is to be used to help pay for housing also. The Mandatory Disclosure rules outline what documents are to be shared upon request. Bank statements, tax returns, pay stubs, mortgage papers, retirement accounts, investment accounts, etc. Look it up! Florida Family Law rule 12.932. Rehabilitive Alimony also is so she can get education to put her in a position to support herself. She already had her profession and does not need money to "get back on her feet".

cdad · Jul 9, 2009, 07:23 PM

Originally Posted by oknitesky

I do believe that the money is to be used for the care of the children. Yes not all of it will go there. The amout that is awarded for child support is more that is normally spent on children. A portion of the money is to be used to help pay for housing also. The Mandatory Disclosure rules outline what documents are to be shared upon request. Bank statements, tax returns, pay stubs, mortgage papers, retirement accounts, investment accounts, etc. Look it up!! Florida Family Law rule 12.932. Rehabilitive Alimony also is so she can get education to put her in a position to support herself. She already had her profession and does not need money to "get back on her feet".

Maybe I misundertstood your last question ?

( quote ) On her financial affidavit it appears as if she has mistated her income and her expenses. I would like documentation to back up her claims. ( end quote )

What is it your looking for ?

oknitesky · Jul 10, 2009, 04:06 AM

I am looking for supporting documentation to enchance my filing to eliminate the alimony and to have the child support modified. She has not fully disclosed her financial state. Her lifestyle and activities do not correspond with her financial affidavit. She has not fully completed her financial affidavit. She omitted aspects of information, ie: her personal assets, credit card accounts, etc. The misrepresents her financial status and makes it look as if she is struggling, when she is not. I want the equity in financial state equalized in this divorce as allowed by law! To do this I need full disclosure of her status.

cdad · Jul 11, 2009, 08:46 AM

Maybe your best bet is going to be to hire a lawyer and then proceed from there. They can follow the trail of paperwork and know how to do a forensic accounting of your ex's finances. If that sounds to expensive then maybe just go forward and ask for your modification and let the rest fall where it may.