I have recently filed a motion for contempt/enforcement against my ex-husband for failure to comply with the terms of our divorce when he sold our home. When my ex responded he claimed that the only reason I was filing the motion was because I am broke and need the money...which is completely false. His attorney recently sent me a letter requesting a financial affidavit, or tax returns, or w2's to "make mediation as productive as possible". I do not want to supply the information because the case is not about ME, and my information has nothing to do with the case. My ex is the one who chose to lie and steal, and I am not in contempt of anything. Do I have to comply with the attorney's request for my personal financial info?
Do I have to provide financial info?
- Thread Starter aeriv0617
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Scooterdog
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Man, I think you do. Not knowing the state, I can't say for sure. The letter may be construed as a request for discovery, which it really is.
I don't understand. You filed a contempt motion, and this lawyer is talking about "mediation" and requesting discovery. Have you left anything out?
You can object to what he is requesting, this may be the best thing to do. Let the judge decide if you need to come up with this crap. I don't know what good it will do them. I assume you didn't win the powerball last year.
Has his income changed?
Who issued the order to begin with? Do you have an order? Or an agreement?
I don't understand. You filed a contempt motion, and this lawyer is talking about "mediation" and requesting discovery. Have you left anything out?
You can object to what he is requesting, this may be the best thing to do. Let the judge decide if you need to come up with this crap. I don't know what good it will do them. I assume you didn't win the powerball last year.
Has his income changed?
Who issued the order to begin with? Do you have an order? Or an agreement?
I live in Florida. When we divorced we were ordered to divide the proceeds from the sale of our marital home. When my ex sold it 4 years later he kept all proceeds for himself, and since I lived more than 4 hours away from him I had no way of knowing he had sold it. The only way I eventually found out about the sale was when my daughters told me the week he moved in. So, I filed a motion for contempt/enforcement to try to get my money. His response was to tell the court that I had told him to keep my share because I said he and his new wife deserve it more than I did, or some such nonsense. He also proceeded to write a long crazy letter to the court attacking me personally in every area from my fidelity when we were married to claiming I am mentally unstable, while never providing an answer as to why he did not give me my share of the money when he sold our home. I managed to disprove every single allegation. When he realized that he had no real defense he hired an attorney. Now they are trying to say that I am only going after my money because I am some kind of broke loser who is only looking for a way to scam him out of something that belongs to him. I am a stay at home mom, and have been for more than two years. My current husband makes a good livng, and my credit is fine. I don't have anything to hide, I just don't think I should have to have MY finances picked apart by some lawer for the purposes of trying to make me look bad. I'm tired of being attacked personally, when all I want is my money. And I don't want to be a sucker and just bend over and give this lawer info if I don't have to. I'm afraid that his lawyer will take the fact that I am a homemaker (by choice) and find a way to make me look like a deadbeat.
His income has increased...he got a promotion. The order to divide the proceeds 50/50 was part of the Final Judgment for divorce, so it was a court order.
His income has increased...he got a promotion. The order to divide the proceeds 50/50 was part of the Final Judgment for divorce, so it was a court order.
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Scooterdog
New Member
I don't know if you need to or not to be honest. You can call a Fl lawyer, find one with an add "first consultation free" and ask if you are required to under Fl law. I don't see where attacking you is going to be a defense for contempt.
Did the lawyer send you a LETTER or is a court document filed with the court? Your ex is in contempt, and the only way around it that I can see at this point, is to pay you before you guys go to court. I'm sure the judge will be really happy with him.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=VI#TitleVI
Click on Chapter VI, Civil Practice and Procedure. Scroll down, you should find your answere. If the lawyer sites any statutes/code, you can now look it up and follow the procedure.
Did the lawyer send you a LETTER or is a court document filed with the court? Your ex is in contempt, and the only way around it that I can see at this point, is to pay you before you guys go to court. I'm sure the judge will be really happy with him.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Index&Title_Request=VI#TitleVI
Click on Chapter VI, Civil Practice and Procedure. Scroll down, you should find your answere. If the lawyer sites any statutes/code, you can now look it up and follow the procedure.
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