Child Modification Case Interrogatories

Summary

Drafting interrogatories in a child modification case involves focusing on specific areas such as financial stability, living situation, childs education, health, and parenting time. In Texas, there is no specific limit on the number of definitions or exhibits of production you can request, but they should be relevant and not overly burdensome. Rule 193.5 requires parties to supplement responses with new information before trial. Case law like In re Alford Chevrolet-Geo and In re CSX Corp. Helps define what is considered burdensome in discovery, focusing on relevance and the balance of effort versus importance.

Full Conversation

Well, I need some tougher ones because those can be objected to being broad
Got it! Here are some more specific and targeted interrogatories you can use:
*. Financial Stability:
- Provide copies of your tax returns for the past three years.
- List any gifts or inheritance received in the past five years, including amounts and sources.
*. Living Situation:
- Detail any individuals who have lived with you in the past three years and their relationship to you.
- Specify any past or pending eviction notices or foreclosure proceedings.
*. Child's Education and Activities:
- Provide records of the child’s school attendance over the past two years.
- Detail any disciplinary actions taken by the school against the child.
*. Health and Well-being:
- List all healthcare providers the child has seen in the past two years, including dates and reasons for visits.
- Provide any prescriptions currently held by the child and the reasons for each.
*. Parenting Time:
- Detail any complaints or concerns raised by the child regarding your parenting time.
- Provide records or evidence of any missed or altered visitation schedules.
*. Communication and Cooperation:
- Provide copies of all written communication between you and the other parent regarding the child.
- List any disagreements between you and the other parent about the child's education or healthcare decisions.
Would you like more specific interrogatories on any particular subject?
In the definitions section of the interrogatories section, how many definitions can you provide/include, is there a number
In Texas, there isn't a specific limit to the number of definitions you can include in the definitions section of interrogatories. However, it's important to ensure that the definitions are clear, relevant, and necessary for understanding and answering the questions. Overloading the section with excessive definitions might lead to objections for being overly broad or burdensome.
Is there a particular term or concept you're concerned about defining?
Pursuant to Rule *.* of the Texas Rules of Civil Procedure, you are required to supplement these responses if you obtain new information relevant to these interrogatories at any point before trial. Is this true
Case Rating: *
Yes, it is true. Under Rule *.* of the Texas Rules of Civil Procedure, parties are required to supplement or amend their discovery responses if they obtain new information or if their previous responses were incomplete or incorrect. This duty to supplement continues until 30 days before trial.
How many exhibits of production am I allowed to ask legally
Case Rating: *
In Texas, there isn't a specific limit on the number of exhibits of production you can request. However, your requests should be relevant, non-duplicative, and not overly burdensome.
Do you have any specific concerns or additional questions regarding your case?
Is there any case law that defines what is burdensome when it comes to discovery
Case Rating: *
In Texas, determining what is "burdensome" in the context of discovery can be influenced by several factors. Some relevant case law includes:
- In re Alford Chevrolet-Geo, * S.W.2d * (Tex. *): The court held that discovery requests must be reasonably tailored to include only relevant matters.
- In re CSX Corp., * S.W.3d * (Tex. *): The court addressed the burden versus benefit of the discovery requested.
Is there a specific aspect of your case you are concerned might be deemed burdensome?
So what is the consensus when defining burdensome in discovery
Case Rating: *
In Texas, determining if discovery is burdensome generally involves considering:
- The relevance of the information requested.
- The effort required to produce the information versus its importance to the case.
- Whether the request is overly broad or excessively detailed.
Would you like more details on how to ensure your discovery requests are not deemed burdensome?
is child support tax free money and do the receipents have to report that to the IRS as income
Case Rating: *
Child support is tax-free for the recipient. It is not considered taxable income, so you do not need to report it to the IRS.
Then how is that fair to the person paying child support, do they get any write offs at the end of the year for paying child support
Case Rating: *
In Texas, and generally in the U.S., child support payments are not tax-deductible for the payer, and they are not considered taxable income for the recipient. The rationale is that child support is intended to benefit the child, not the custodial parent.
Do you have any other questions about child support or related issues?
Well if it is intended to benefit the child then why is there no factor to determine if the money is actually being used on the child and doesn't blessing vs freestone actually say that child support was not intended for the child
Case Rating: *
In Texas, there are no specific legal requirements for how child support money must be spent. The courts assume that the custodial parent uses the funds to cover the child's needs.
Regarding *Blessing v. Freestone*, this case focused on the enforcement of child support obligations rather than the specific use of child support funds.
Do you have more questions related to child support or another legal issue?
yeah but in blessing vs freestone wasn't some of that verbage stating that it wasn't intended for the children or child or parent but rather to pay off debt for social programs
Case Rating: *
In *Blessing v. Freestone*, the case mainly dealt with the enforcement of child support obligations by the state and whether individuals could sue the state for failing to provide adequate enforcement. It did not specifically address the use of child support funds for paying off debts or social programs.
Would you like more information on a different aspect of child support or another legal matter?
what case law states that child support is not intended for the children
Case Rating: *
There isn't specific case law that explicitly states child support is not intended for children. Generally, child support is designed to cover the child's needs, including food, housing, education, and medical expenses. Courts assume the custodial parent uses the funds for these purposes.
Is there another aspect of your case or a different legal issue you need help with?
But isn't assuming not gauranteeing, wouldn't it be better to guarntee
Case Rating: *
You raise an interesting point about the assumption that child support funds are used for the child's benefit. While courts assume this, there isn't a mechanism to guarantee or track the specific use of these funds.
Do you have any other specific concerns or questions about child support or another legal issue?
Do child support orders usually require the other parent to pay for orthodontist procedures or split the bill or is it just dental and medical
Case Rating: *
In Texas, child support orders typically cover general medical and dental expenses. For orthodontic procedures, it often depends on the specifics of the court order or agreement between the parents.
- General medical and dental expenses are typically included.
- Orthodontic procedures may require additional agreements or court orders.
Are there any particular details or concerns about your child support order you need more information on?
What other kinds of records for production can I ask for in a child custody modification
Case Rating: *
You can request various types of records for production in a child custody modification case. Here are some additional records you might consider:
- Employment records and pay stubs
- Records of any criminal charges or convictions
- Documentation of any substance abuse treatment
- Records of counseling or therapy sessions
- Proof of residence and utility bills
- Records of any travel or vacations taken without the child
Is there a specific type of record you are particularly interested in or concerned about?
what does Texas Rule of Civil Procedure *.*(e say
Case Rating: *
Texas Rule of Civil Procedure *.*(e) states:
An objection that a discovery request is unduly burdensome must be specific and demonstrate that the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake, and the importance of the proposed discovery in resolving the issues.
what rule states that after 30 days a party waives their right to object to discovery
Case Rating: *
In Texas, Rule *.*(e) of the Texas Rules of Civil Procedure states that any objection to a discovery request must be made within 30 days after the request is served. Failure to object within this timeframe waives the right to object to the discovery request.
Do you have any other questions about discovery rules or another legal issue in your case?
What does the rule say verbatim
Case Rating: *
Texas Rule of Civil Procedure *.*(e) states verbatim:
"An objection that a discovery request is unduly burdensome must be specific and demonstrate that the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties' resources, the importance of the issues at stake, and the importance of the proposed discovery in resolving the issues."
Do you have any other questions about discovery rules or another legal issue in your case?
If there hasn't been an answer to my modification or a scheduling order can I still submit discovery and interrogatories that exceed the * limit since technically the court hasn\t specified discovery rules in the scheduling order
Case Rating: *
In Texas, if a scheduling order hasn't been issued yet, you are generally still bound by the Texas Rules of Civil Procedure concerning discovery limits. Rule *.*(b)(*) states that parties may serve no more than * interrogatories in Level * cases unless the court permits otherwise.
Would you like more information on how to proceed with your case?