Discovery


#1

My ex has filed for a modification to CS/Alimony again…last time my atty didn’t think it was beneficial to request his new wife’s bank account information in discovery…I disagreed but went along with it. While going through my ex’s discovery last time I saw where my ex had been paying for his new wife’s house payment (she cant sell or rent it) in Fl, the property taxes on it and for her child to attend a private school; however the new wife “conveniently paid him back right before he filed his motion against me.”

Now as we go again, can I ask and will a judge enforce a request for discovery of her financial documentation as well as his…She has been unemployed since 2006 and there is no way she could be paying for these expenses…I believe he is paying for these expenses which is part of the reason he seeking a reduction. So will a Judge allow a discovery request of his new wife’s information?


#2

It will depend on the Judge, but I doubt if the new wife will be required to divulge her financial information. Your ex’s bank accounts should be sufficient to show where his money is going, from the payroll to the bank, and out again. If he is spending money on her the evidence will be in his bank records.