Custody Modification--Request for Financials

[Peaches1122]

What is the name of your state (only U.S. law)? CUstody in Missouri--Child Support PA


My husband filed a request to modify his parenting plan and a motion for contempt for custody in Missouri. His wife moved from PA to MIssouri with the kids and Missouri gained jurisdiction on custody but the custody order states PA will maintain jurisdiction over support.

His ex-wife's attorney has filed a discovery request for recent paystubs, a years worth of bank statements and two years of our joint tax returns. My husband's attorney claims that he has to turn all of this over even though jurisdiction for support is in PA and this has nothing to do with financial issues. I am freakin out because I feel this is a violation of my privacy since our joint tax return does not separate out any income and I'm also not comfortable with her seeing every debit card transaction of our lives for the last year.

His ex-wife is married to a millionaire and has significantly more income than we do. Because she married rich--she doesn't work and will claim she has no tax return--even though we all know they filed jointly. She will also claim she has no bank account or will maybe show one small one.

Is it really true that we have to turn over all this info even though Missouri has no jurisdiction over support? And don't I have any protective rights here?

 

[Ronin]

Is it really true that we have to turn over all this info even though Missouri has no jurisdiction over support?

If your husband (and presumably his attorney) feel these requests are not appropriate, they can and should be objected to on whatever grounds may apply here. This will then throw the ball back to the other attorney to get a court ordered subpoena... if he can.

And don't I have any protective rights here?

Not really. Given it is a joint tax return, its not really possible to redact or otherwise separate your information from his.

 

[CJane]

I'm confused as to why his attorney wouldn't object on the grounds that the information wouldn't likely lead to admissible evidence.

 

[Peaches1122]

Thanks for your responses--it really helps to know we're thinking along the right path. It's hard because we're in PA and this is a new--young Missouri lawyer. (Couldn't afford more experienced)

The kicker is--we're not hiding anything. She is and we're tired of it. My husband makes CRAP--she's married to a millionaire and will do anything to get every dime she can to screw him--even if it means he can't afford to see his kids. She is the one claiming she is so broke she can't afford attorney's fees but just moved into her new 1.5 million dollar home.

All my husband wants is to be able to talk to and see his kids and have her communicate with him about their well-being. Any money issues are not relevant here. That's why I was telling him to fight this request on the grounds:
--His Missouri last custody order stated PA would maintain child support jurisdiction
--Not relevant to this order

I also think it should somehow come into play that I deserve the same level of financial privacy her husband has. She will lie and say he filed and individual return to get out of it.

I'm also worried about it because they will take the info and run. They will settle after getting our personal information before his attorney even filed her own discovery.

Any help or further insights is greatly appreciated!