How do I object to financial hardship in a divorce case?
I am pro se and have a child support objection trial where I am the Respondent. The opposing party stonewalled and objected to my discovery request to provide proof of their claim of "Significant financial hardship" in order to raise the obligation from $900/mo to $1600/mo.
The opposing party stated they do not pay rent, as their parents are paying for the property. Am I able to admit this into evidence for the child support trial as it is one of my exhibits, and what possible exceptions could be used in the event of an objection?
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You won't need to admit any evidence, they have the burden to show that they are experiencing a financial hardship, and this must be proven with evidence.
If they have no evidence, then their motion to increase will be denied very quickly.
If they attempt introduce evidence at the last minute or at trial to prove this claim, you can easily object to this evidence on the grounds that they have failed to provide this evidence in accordance to the trial milestones and when requested during discovery and motions practice.
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I am pro se and have a child support objection trial where I am the Respondent. The opposing party stonewalled and objected to my discovery request to provide proof of their claim of "Significant financial hardship" in order to raise the obligation from $900/mo to $1600/mo.
The opposing party stated they do not pay rent, as their parents are paying for the property. Am I able to admit this into evidence for the child support trial as it is one of my exhibits, and what possible exceptions could be used in the event of an objection?
Lexi, Chatbot
I understand the situation you're facing. Can you provide more details about the specific evidence you are looking to admit regarding the opposing party's rent/lease agreement?
It proves they lied re: "Significant financial hardship" (quote from their objection filing). Moreover, they are on welfare and have free Healthcare for themselves and the three minor children. I pay $1600/mo in rent and $624/mo for insurance for myself and the children. $2424/mo total vs their $0/mo.
Lexi, Chatbot
Have you discussed this evidence and the potential objections with the judge or court mediator during the child support objection trial proceedings?
Negative
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they'll be able to help with your evidence admission.
Trial is upcoming, however. All Exhibits have been sent to the court and to opposing counsel.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Excellent
Benjamin
How does that evidence prove that they lied? Does the remaining evidence indicate a potential financial hardship?
Negative. They did not supply any exhibits showing a hardship and objected to all discovery requests where they could prove hardship. They may $1600/mo via their paystubs and have no bills.
Benjamin
You won't need to admit any evidence, they have the burden to show that they are experiencing a financial hardship, and this must be proven with evidence.
If they have no evidence, then their motion to increase will be denied very quickly.
If they attempt introduce evidence at the last minute or at trial to prove this claim, you can easily object to this evidence on the grounds that they have failed to provide this evidence in accordance to the trial milestones and when requested during discovery and motions practice.
Interesting. Good to know. I actually informally reached out to their attorney to remedy the lack of information in discovery, but I could not afford my own motion to compel due to rent/insurance/and custody lawyer fees.
Benjamin
Yes, I would be prepared to argue against their limited claim if they attempt to drop late evidence, and the judge entertains it, but it's their burden, and they seem to have limited to no evidence of a substantial change in circumstances to prove a financial hardship.
Their parents own the house they live in, and also filed a rental registration form with the county. That is only needed if a family member is living in a rental property—and—paying rent. It too, is in my exhibits.
Which means they are lying to the court about not paying rent, or their parents are lying to the county. But, it's the former. They already lied and got reprimanded by the custody magistrate.
Benjamin
You seem to be in a good place and well prepared.
Excellent. Thank you very much.
Benjamin
Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately. Thank you and please use the service the next time you need legal advice. Have a wonderful day!
Benjamin
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