Wife sanctioned for failing to provide requested financial records

March 12, 2014 (Press-News.org) During divorce proceedings, evidence may be requested from each party in a process referred to as "discovery." The court may require the parties to provide certain requested information, and such information may be key to determining spousal and child support.

However, what happens if one party to a divorce refuses to provide the requested information? The recent Oregon Court of Appeals case of In re Marriage of Uhde demonstrates the possible repercussions.

A dispute over spousal and child support

The husband and wife were married for more than 10 years. The husband worked in an administrative job earning a base salary of approximately $80,000, while the wife, who had a history of bipolar disorder, had no significant employment. Two weeks after the separation, the wife began living with another man who paid all, or virtually all of her expenses.

Initially, the trial court denied the wife spousal maintenance. After an appeal, spousal support was granted to the wife, as the court held that the circumstances did not exclude the husband from his obligations.

However, as the husband was the primary custodian of the couple's children, the award of spousal support meant that the court would also determine the amount of child support that the wife should pay to the husband. The case was remanded to the trial court to make this determination.

The wife fails to provide financial records

This led the husband to make discovery requests for financial records of the wife and her new boyfriend. According to the trial court, the wife failed to provide the information requested by the husband. Over a year after the first discovery order to compel the wife to provide the information was made, the wife had still provided very few of the financial records sought by the husband.

After the court explained that the wife and her new boyfriend had demonstrated a pattern of evasiveness in responding to discovery, the court decided to grant a "default" judgment--a decision in favor of the husband on the remaining issues. The court then imposed a child support obligation on the wife, terminated the husband's spousal support obligation, modified the parenting-time plan, and ordered the wife to pay the husband more than $25,000 in attorney fees.

Compliance . . . while protecting your interests

If you are involved in divorce or modification proceedings, it is important that you are represented by experienced family law attorneys who can guide you through the process. Seek an attorney who will ensure that all discovery requests are handled in a way that protects your interests, but also meets the requirements of the court.

Article provided by Brasier Law, LLC
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