Discovery is a process of obtaining information for your case.
This can include exchanging information between the parties or obtaining information from third parties. Discovery can be formal or informal.
If you’re currently in a child support or spousal support case, discovery is an important tool you may utilize.
In child support and spousal support cases, occasionally one party may believe that the other party is not being truthful about their income.
There are also instances where one party may believe the other party is not making reasonable efforts to find employment or become self-supporting. In those cases, formal discovery can be a useful tool to uncover the facts pertaining to your child support or spousal support case.
There are many helpful discovery tools to use in child support and spousal support cases not only to obtain information from the other party, but also to obtain information about the other party from third parties or businesses.
Want to learn more about how discovery can help you in your child support or spousal support case, come talk to the attorneys at Happ Law Group P.C.
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Informal discovery is undertaken without using a formal discovery method, i.e., simply asking the other side or a third party for information to see if they will comply with the informal request.
Sometimes when requesting informal discovery from third parties, the third party may require a written authorization from you, the other party, or both.
With informal discovery requests there is generally no mechanism in which to order someone to comply with the informal discovery requests, so while this may be a useful tool, it may not be the most effective way to obtain information for your child support and spousal support case.
Cost-Effectiveness: Unlike the formal discovery processes, which can incur substantial attorney’s fees, informal discovery typically involves minimal expenses. This makes it an attractive option for parties seeking to conserve financial resources while still gathering necessary information.
Flexibility: Parties have the liberty to request a wide range of information from the other party with flexible deadlines and informal requests.
No Legal Obligation to Comply: A critical limitation of informal discovery is the absence of a legal framework for one party to compel the other party to comply with the requests. This lack of enforceability means that the success of informal discovery efforts depends largely on the cooperation and goodwill of the other party, which is not always forthcoming.
Potential for Incomplete Information: Without the oversight and structure of formal discovery, there’s a risk that the information received may be incomplete or selectively presented. Parties might withhold sensitive or incriminating details, leading to an incomplete picture of the financial and personal circumstances relevant to the case.
By understanding these advantages and limitations, individuals involved in child support or spousal support cases can make more informed decisions about employing informal discovery.
It’s also crucial to consult with legal counsel to ensure that any information gathered informally can be effectively utilized within the broader strategy of the case.
Formal discovery is undertaken using methods available under the Code of Civil Procedure and sets forth deadlines for which a party or third party must produce the information request or appear.
There are many different formal discovery requests and tools that you can use to assist you in your child support and spousal support case.
Speak with the attorneys at Happ Law Group P.C. to see what formal discovery requests may be most useful for your case.
With formal discovery requests there are mechanisms in which you may obtain an order from the Court to make the other party comply with the various discovery requests if they fail to do so initially.
If you are forced to do this, you may also request attorney’s fees and costs payable by that party for your expenses in having to get a Court order for them to comply with the discovery requests.
Interrogatories: Written questions that the opposing party must answer in writing under oath. Interrogatories can be tailored to gather specific information reasonably calculated to lead to the discovery of admissible information for your child support and spousal support issues, such as financial earnings, assets, and liabilities.
Depositions: Oral questioning of a party or witness under oath, with answers recorded by a court reporter. Depositions allow for immediate follow-up questions and the assessment of the witness’s demeanor and credibility, which can be crucial in family law cases.
Requests for Production of Documents: Demands for relevant documents such as financial statements, employment records, tax returns, and other materials that can provide concrete evidence of a party’s financial situation.
Requests for Admissions: Statements sent to the opposing party, asking them to admit or deny specific facts under oath. This method can help clarify which issues are in dispute and streamline the trial process.
There are a few discovery requests that may be used to obtain information from third parties rather than from the other party in the case.
Those discovery requests include, but are not limited to, taking a third party’s deposition, taking a third party’s deposition and requesting they produce documents at their deposition, and issuing a Deposition Subpoena for Production of Business Records.
A deposition is where you elicit testimony from a witness or party. This is where the attorney asks questions and the deponent answers under oath. A deposition notice can also request that the deponent produce documents at their deposition.
A Deposition Subpoena for Production of Business Records is where one party requests documents from a third party or entity. The documents requested must be clearly set forth in the deposition subpoena. Then the third party or entity is required to produce the documents by a certain date.
Deposition Subpoenas for Production of Business Records can be extremely helpful in your child support or spousal support case to obtain documentation directly from the source.
For instance, where one party believes the other party is not being truthful about their income, they may issue a Deposition Subpoena for Production of Business Records to that party’s employer to obtain documentation directly from the employer related to the other party’s income. Documents which may be helpful include, but are not limited to, paystubs, employment contracts, employee schedules, and W-2s or 1099s.
Another example where a deposition subpoena may be helpful is to obtain bank records from the other party to see their deposits, withdrawals, and assets available.
Deposition Subpoena for Production of Business Records can be used to obtain medical records, employment records, police reports, banking records, credit card statements, job applications, and other documents.
Talk to the attorneys at Happ Law Group to see how a deposition subpoena could be a useful tool in your case.
Many discovery tools can be used to obtain information from the other party.
Those discovery requests include, but are not limited to:
Each of these discovery tools serve a different purpose and it may be useful to discuss the purpose of each in detail with an attorney at Happ Law Group P.C. to see which discovery tool is best for your case.
A Demand for Production of Documents is a request made to the other party that they produce the documents requested by a certain date. Some documents that may be helpful for your child support or spousal support case include, but are not limited to, paystubs, bank account statements, employment contracts, tax documents, tax returns, resumes, and job applications.
Form Interrogatories are pre-drafted questions which the other party must respond to by a date certain. Some of these questions include, but are not limited to, questions asking about support provided to others, support received by that party and income received during the last 12 months.
A deposition is where you elicit testimony from a party under oath. This is where the attorney asks questions and the party answers under oath. A deposition notice can also request that the party produce documents at their deposition.
Requests for Admission are a tool used to ask a person to admit the genuineness of a document or a truth of fact. These can be useful if you are trying to provide or disprove a certain fact. For instance, if one party believes the other party has not made any efforts to obtain employment in the last year, they can ask that party to admit that they have not made those efforts.
Special interrogatories are questions drafted by an attorney or a party where the other party must respond to the questions under penalty of perjury. These can be helpful in child support or spousal support cases to obtain information directly from the party relating to their efforts to obtain employment, efforts to obtain training for employment or their income.
At Happ Law Group P.C. our attorneys have experience issuing and responding to all of the above discovery requests and can help you issue discovery or respond to discovery. Come talk to one of our attorneys today to see how we may assist you.
Discovery is a helpful but complex tool. It can be difficult for you to determine on your own which tool is most appropriate.
At Happ Law Group P.C. we are well versed in determining and issuing discovery plans for our cases and clients. Our experienced team is equipped to handle the intricacies of discovery and can ensure that a discovery plan is tailored to your needs.
If you or someone you know is in need of legal assistance regarding discovery for spousal support or child support, don’t hesitate to reach out to us.
What is discovery?
Discovery is a process of obtaining information for your case. This can include exchanging information between the parties or obtaining information from third parties. Discovery can be formal or informal.
How can discovery help me in my child support and spousal support case?
Discovery can help greatly in your child support and spousal support case. Discovery can help you obtain information about the other party’s income, assets, debts, employment, employment history and efforts to obtain employment, which can be useful for a variety of reasons. Discovery can also help you uncover the truth about the facts.
Can I obtain records from my spouse’s employer?
In most cases, yes.
How can I obtain records from my spouse’s employer?
You can obtain records from your spouse’s employer in a couple of ways. You may issue a Deposition Subpoena for Production of Business Records to the employer, which requests specific documents be produced. Those documents can include, but are not limited to, paystubs, income information, employment contracts, work schedules, and employee files.
Another way to obtain records from your spouse’s employer may be to notice the employer’s deposition and request that they bring documents to their deposition.
Come talk to the attorneys at Happ Law Group P.C. to see how we can assist you in uncovering the facts for your child support or spousal support case.
DISCLAIMER: This information is made available by Happ Law Group P.C. for educational purposes only as well as to provide general information and a general understanding of California law, not to provide specific legal advice. If you are in need of advice about your specific situation, you should consult with a California family law attorney.
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