Handling a Child Support Motion


#1

Hello.

I’ve filed the motion. The OC has received it and responded with their initial disclosure. However, their (the defendant’s) response did not include information about stocks nor did they check the box for “Documents reflecting ownership of stock or stock options”. When I filed the motion, I checked this box and included my stock related information. Why do they not have to equally comply or provide the same information? Don’t they have to supply the same information? Incidentally, their response did not provide any “good cause” for not supplying the stock related information. What the heck?

SideTracked


#2

You should find out if there are local rules, and if there are whether those rules require certain disclosures. Either way, you should then ask for the documents you want from the other party’s attorney. If they refuse to produce them then you will have to file for discovery, or a motion to compel if there are local rules that require disclosure of the documents.


#3

There are definitely local rules. Its for Wake Co.

Aren’t these are the correct Wake Co rules?

http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/1314.pdf
TENTH JUDICIAL DISTRICT FAMILY COURT RULES FOR DOMESTIC COURT

According to 10.1(b) the defendant shall provide their initial disclosures within 25 days of the initial filing of the motion.

Then 10.2 (a) lists several bullet points the last of which is “Ownership of stock or stock options” Does this not include employer 401Ks and 529s? where in stocks are owned? Would it be a technicality that if a person had a 401K and it only comprised of mutual funds that it would not be considered a stock?

Or is this just a situation where the other party is not following the rules and disclosing appropriately?

Thanks,
Sidetracked


#4

Ask the opposing party’s attorney for the documents.