No, you can serve the other side with Requests for Production of documents, which is a type of formal discovery.
Your county’s local rules may have procedures and timelines in place for the production of initial financial disclosures, which would include bank statements and paycheck stubs.
You can also subpoena the bank and the other party’s employer directly for the bank statements and paycheck stubs.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
In my modification for child support hearing, do I efile the Worksheet C that I have completed, along with an updated Financial Affidavit or just serve those to opposing council?
You would serve those to the other side in advance of the hearing/trial date and also enter them as exhibits during the hearing/trial.
Child support worksheets and financial affidavits generally are not filed unless a county’s local rules require them to be filed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you. Is there a way for me to request from opposing counsel for him to provide proof of how he is paying them? I believe the woman that he committed adultery with is the one paying those bills and I’d like to prove it for my alimony case.
You could issue subpoenas for her bank accounts or notice her for a deposition, but the argument that the paramour is paying for your spouse’s legal bills generally won’t be very helpful as judges generally won’t put any weight on how someone’s legal bills are getting paid.
On the contrary, how your spouse’s living expenses are being paid and whether someone else is paying them and therefore should be counted as income to him is more relevant. You can typically gather this information from a review of your spouse’s bank statements.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you, my motion to request a WebEx hearing was denied for the modification of child support. I have diagnosed Agoraphobia and provided that in my request, I cannot attend in person, opposing counsel objected to it. What can I do?
If the judge heard your motion and denied it, then you will have to appear in person.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.