Discovery/rocording of phone calls


#1

Do I have to use my attorney to request current income information from my ex? He gets his bonus every year at this time and due to the economy I have had had my child support and alimony reduce the past two years. I believe that his pay has been increased and as I recall from last year my attorney said that I can ask for this information each year - but I want to ask for it myself and then decide if I want to pursue a modification - Can I do this? Will he need to comply? And can I have the information sent directly to me rather than my attorney acting as my very expensive mailman?

Also can my ex record our phone calls without my permission? I believe he was recording our last conversation - I told him that I do not want my phone calls recorded - can he do this?


#2

You may ask, but he doesn’t have to comply with your request unless you pursue the information formally.

North Carolina is a one party consent state, meaning so long as one party to the call consents to the recording, it is legal. The recording party’s consent is sufficient.


#3

ok ,can I file a formal discovery request without my attorney…it seems silly at this point to spend 400hr for my atty to send a email to his attorney - how do people with out a ton of money find out it there ex is making a lot more than when everything was settle? And if I can do it what are the steps?


#4

Discovery is not an email, it is a formal court document. You may file and send out discovery on your own, but if you have an attorney I would advise you to let them know of your plans.


#5

Last year I went through my attorney to get this information and it cost me 3K by the time we were finished. My attorney emailed his attorney to ask for “informal discovery” and while we eventually got the documents it was at a huge cost to me. All I want from my ex is his current income information and then I can decide what to do. And while I love my attorney I don’t think I need to pay him all that money just to see if I even have a reason to go back to court. I appreciate this website because I have learned so much but I am a very smart lady and if I can file “formal discovery” by myself then that is what I would like to do. Once I get that information I can than discuss it with my attorney and proceed from there. So what I would like to know is if I go down to the court house can I file formal discovery to his attorney and request that the information be sent to me so that I can review it and then decide the next step? I hate that my ex and I can’t just sit down and do this but when I asked him he told me to go thru his attorney so that is what I am going to do - I am running out of money so how do I do this in the most economical way.


#6

You can file the discovery and then send it to your husband’s attorney. They will have 30 days to respond (60 if they file obtain an extension).


#7

Okay great thanks for your help…so I can file discovery…so now how do I do it? Are there formal documents? Do I need to go downtown? Are there forms online? You said in an earlier post that it is not just an email so what exactly do I need to do? or what resources are available to me to figure out how to do this? I really appreciate your help on this as I am sure others do …


#8

Discovery is a formal request for information pursuant to the rules of civil procedure, and it is filed with the court. I don’t know of any forms on the web, but you can certainly do a search.

Our DIY system does have examples of proper discovery requests, and there is a link to that site on the main page.