QUESTION
How can I have my ex provide his books for his business if he didn't include them with his financial affidavit?
Asked on Sep 04th, 2013 on Child Support - Florida
More details to this question:
My ex is taking me to court to reduce child support or get rid of and also obtain 50/50 custody of our child. He owns his own business (as do I) and when he turned his financial affidavit in, he claimed to make only $1000 per month, but did not include any of his profit/loss documents to prove his income. When I filled out my financial affidavit I had to include a profit/loss. His financial affidavit actually states to include that but he did not. I don't want to have to subpoena those documents and pay to have the subpoena served when he should have included them in the first place.
1 ANSWER
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There are several tools available to you to obtain your ex's financial records. You can file a "request for production" and ask for specific records that you want produced. Second, you can schedule a deposition duces tecum and take his deposition, and require that he bring a specified list of records with him to the deposition. Third, you can file a "request for compliance with mandatory disclosure in accordance with rule 12.285" which will require him to produce documentation supporting his affidavit. If he fails to produce the records you can file a "motion to compel" and ask the court to require him to comply with the discovery requests or show valid cause to the court as to why he has not complied. You can request bank records, check books, tax returns, profit and loss statements, etc. If he uses a CPA to prepare his taxes you can take the deposition of his CPA. You should not agree to a mediation or trial until he has provided adequate records to prove his financial affidavit.
Answered on Sep 04th, 2013 at 12:38 PM