Burdensome Discovery- Bank account


#1

What is the purpose of discovery when having to provide two years of credit card statements, checking account, savings account, hundreds of cancelled checks, when our separation agreement states that child support calculations will be done in accordance with the child support calculator? What if the opposing party uses all my account numbers from the statements for bad purposes? For child support calculations, some states just require W-2 and paystubs as sufficient along with child care receipts and medical insurance premium receipts. The discovery is so time consuming and burdensome. Why give out account information with every account number and every transaction? Does my ex have to know every transaction I made at Starbucks for the past two years? Would end of month balances be enough, or is every credit card transaction required? This seems very intrusive to show every transaction for a cup of coffee, etc.


#2

Generally you must provide what is asked for in discovery if it is relevant to the case and it is not overly burdensome to collect and produce. You can object to a discovery request if it is overly burdensome and/or creates and undue hardship on you to collect and produce the requested documents.

When turning over bank account and credit card statements, it is acceptable is mark out all but the last 4 digits of each account number.

Oftentimes when someone is self-employed or earns income other than income that is shown on a W-2 or 1099, then bank account statements are needed. For child support purposes, all sources of income are counted.

Providing end of month balances will not be sufficient. The other side is likely looking for deposits into your bank accounts.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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