Motion to Compel?


#1

In August, my youngest daughter started kindergarten which resulted in a significant reduction in child care costs. I approached my ex (who has primary custody) regarding a child support reduction, and she refused to discuss the matter. So, I filed a Motion to Modify Child Support and recently was given a hearing date in late January. I can’t afford an attorney, so I will have to go Pro Se and consult with the attorney who handled the custody hearing when necessary. Based on what I know about the system, both parties are required to file a full financial affidavit before 8AM on the first Wednesday of the trial term, which was yesterday. I filed my information back on December 21st and sent a copy to my ex’s attorney via registered mail. Since then I have heard nothing. Her attorney has refused to correspond with me in the past and it looks like he’s trying to get the case dismissed. I’m just wondering what will happen if he didn’t file her affidavit yesterday and continues refusing to take me seriously. Would I have to file a Motion to Compel to get him to submit the affidavit, or is he already in hot water because (I’m assuming) he missed the deadline? Could the refusal to submit an affidavit have a bearing on the outcome of the hearing? Sorry for all the questions, but I wasn’t expecting this to proceed without cooperation from her attorney.

Thanks!


#2

Since there is no court order requiring your ex to turn over the documents, a motion to compel is not proper. The requirement for disclosure is contained in the local rules, and non-compliance can lead to sanctions, such as the court refusing to admit her testimony or evidence at the hearing. Make sure you bring the court’s attention to this matter at the hearing.