[OH] How do I handle my wife’s refusal to provide evidence in our divorce?
In our child support case, my ex claimed "Significant financial hardship" in her objection to request a larger payment.
She has provided no proof of such, and has objected to all discovery requests to prove her statement, objecting to the request as overreaching and irrelevant. This seems wrong. Advice?
20
8
Solved
In child support proceedings, a parent seeking to modify or object to an increase in obligation based on "significant financial hardship" must generally provide documentation supporting the claim. Under most state laws, including the Uniform Interstate Family Support Act (UIFSA) and state-specific codes like Texas Family Code § 154.069 or Illinois Compiled Statutes 750 ILCS 5/510, courts require a showing of substantial change in circumstances. Without proof, such objections are typically subject to challenge or rejection.
If a party refuses to produce financial records in discovery, the opposing party may request the court to compel responses under civil procedure rules such as Rule 37 of the Federal Rules of Civil Procedure or state equivalents (e.g., Texas Rules of Civil Procedure Rule 215, or Illinois Supreme Court Rule 219). Selectively responding to similar requests but objecting to others may be inconsistent with the duty to respond in good faith and could be used to argue that objections are not legally justified. Courts typically look for consistency and relevance when assessing discovery disputes.
Your ex’s refusal to provide documents related to rent, utilities, and living expenses—while claiming hardship—may undermine the credibility of her objection. Courts generally consider actual income, expenses, public assistance, and contributions from other household members when reviewing hardship claims. If she is receiving welfare and housing assistance, these may reduce her actual expenses, but they do not automatically relieve her of financial responsibility unless specifically permitted by statute or court order.
You may send a written request again to her or her attorney, referencing the applicable discovery rules and clearly stating why the information is relevant. If they continue to object, some courts allow the use of supporting affidavits or declarations in lieu of full motions to compel, particularly in cases where financial burden prevents extensive litigation. Additionally, you may be able to request a case management conference or similar hearing to resolve discovery disputes informally.
Courts are typically focused on the best interest of the child under statutes such as Texas Family Code § 154.004 or Illinois Marriage and Dissolution of Marriage Act § 505(a). The focus remains on ensuring that both parents contribute equitably based on actual financial capacity. If you are covering the majority of expenses, and your ex is not being transparent, that discrepancy may justify court intervention or reconsideration of the child support amount.
Does all of that make sense to you?
0
Separation Agreement
Create Document
Full Conversation
In our child support case, my ex claimed "Significant financial hardship" in her objection to request a larger payment.
She has provided no proof of such, and has objected to all discovery requests to prove her statement, objecting to the request as overreaching and irrelevant. This seems wrong. Advice?
Lexi, Chatbot
I understand how frustrating it can be to deal with objections in a child support case. Have you already filed any motions to compel her to provide the necessary documentation regarding her financial hardship?
No. The child support obligation is already so high that I cannot file a motion to compel, though I did reach out to her attorney with reasons as to why they should be provided.
Lexi, Chatbot
What specific evidence or information are you seeking from her that you believe is relevant to your case?
Her monthly bills, rent. Electric, etc. They total $600/mo due to welfare. Cs is currently 1200/mo. My rent is 1600/mo and my insurance for me and the kids is 624/mo. Her rent is 280/mo and 0/mo for welfare insurance.
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 financial hardship objection.
yes
Dan
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for more than 21 years. I’m truly sorry you’re going through this, and I'm here to help.
Are there any important deadlines coming up that we should be aware of as we look at this? Given everything you’ve shared, what result are you hoping to achieve?
July 15th is the trial. I am pro se. She has a lawyer. I am hoping for a reduction in the support obligation due to the difference in living costs.
Previously, I requested her Ohio Care Source applications. She provided a Community Grant Application, but I have the kids' CareSource insurance cards.
I asked for all bills between April 2024 and present, for things that relate to providing for the kids. They objected to all as overreaching and irrelevant. Except for child care costs, they replied to that.
How can the rest be objected to then?
Dan
Got it. Thanks! Do you have backup for the financial situation on both ends?
She claimed "Significant financial hardship" and that she is the "sole financial provider," yet provided no evidence of that and objected to all discovery requests for proof.
Dan
Okay, thank you. I really appreciate your patience as I work on your answer. It won’t be much longer.
Dan
Thank you for sharing those details with me. I understand this can be a difficult time, and I truly appreciate your openness. I’ve carefully reviewed everything and prepared your answer below. Please take your time to look it over, and don’t hesitate to reach out if anything is unclear or if you have any follow-up questions. My goal is to ensure everything makes sense and that you feel confident moving forward.
Dan
In child support proceedings, a parent seeking to modify or object to an increase in obligation based on "significant financial hardship" must generally provide documentation supporting the claim. Under most state laws, including the Uniform Interstate Family Support Act (UIFSA) and state-specific codes like Texas Family Code § 154.069 or Illinois Compiled Statutes 750 ILCS 5/510, courts require a showing of substantial change in circumstances. Without proof, such objections are typically subject to challenge or rejection.
If a party refuses to produce financial records in discovery, the opposing party may request the court to compel responses under civil procedure rules such as Rule 37 of the Federal Rules of Civil Procedure or state equivalents (e.g., Texas Rules of Civil Procedure Rule 215, or Illinois Supreme Court Rule 219). Selectively responding to similar requests but objecting to others may be inconsistent with the duty to respond in good faith and could be used to argue that objections are not legally justified. Courts typically look for consistency and relevance when assessing discovery disputes.
Your ex’s refusal to provide documents related to rent, utilities, and living expenses—while claiming hardship—may undermine the credibility of her objection. Courts generally consider actual income, expenses, public assistance, and contributions from other household members when reviewing hardship claims. If she is receiving welfare and housing assistance, these may reduce her actual expenses, but they do not automatically relieve her of financial responsibility unless specifically permitted by statute or court order.
You may send a written request again to her or her attorney, referencing the applicable discovery rules and clearly stating why the information is relevant. If they continue to object, some courts allow the use of supporting affidavits or declarations in lieu of full motions to compel, particularly in cases where financial burden prevents extensive litigation. Additionally, you may be able to request a case management conference or similar hearing to resolve discovery disputes informally.
Courts are typically focused on the best interest of the child under statutes such as Texas Family Code § 154.004 or Illinois Marriage and Dissolution of Marriage Act § 505(a). The focus remains on ensuring that both parents contribute equitably based on actual financial capacity. If you are covering the majority of expenses, and your ex is not being transparent, that discrepancy may justify court intervention or reconsideration of the child support amount.
Does all of that make sense to you?
That makes sense. To further your understanding of the situation, she was a stay-at-home mom for 20 years, lost custody of 3 kids in her divorce with her ex, was with me for 10 years and 3 kids, then broke up with me over money while we weren't married.
I have a recording of us talking where she states her parents were helping her financially. The magistrate didn't care. I have as one exhibit the bills we shared, showing the rent being 280/mo, along with my rent agreement now of 1600/mo. She is incredibly manipulative.
Dan
It sounds like you are well prepared, and I like your odds. I want to make sure everything is clear and easy to understand. If you'd like me to explain anything further or have follow-up questions, just let me know.
How should I speak to let the magistrate read the exhibits I present of her stonewalling?
Dan
Don't get emotional and keep things easy to understand and identify key exhibits to show.
Make it easy to agree with you and assume the court is not spending much time to consider things.
Dan
Thank you for sharing your questions with me. I’m really glad you reached out, and I truly appreciate the opportunity to help. If you ever have more questions, feel free to return to AskaLawyer anytime.
Dan
29,578 satisfied customers
5 lawyers online now
9
3
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
