judge requested copy of trust however did not provide me with a copy which shows the disbursements to x. Do I have a right to a copy as my Discovery?

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judge requested copy of trust however did not provide me with a copy which shows the disbursements to x. Do I have a right to a copy as my Discovery?

NJ post divorce-x seeking “Relief of Judgment” anti-lepis agmt-X pays little to no support over past 2+ years, been incarcerated for arrearages, moved to Florida. Terminated medical insurance for son w/ Type 1 Diabetes, terminated life insurance put in place to protect alimony and to repay trust money/college funds he took from our boys. He hasn’t paid court ordered medical bills or counsel fees. He states that he is a “pauper”, but “Family Trust” is disbursing money to him which enables him not to show income. granted a plenary hearing by the judge. Early settlement panel 8/09. HELP!

Asked on May 22, 2009 under Family Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I hope that you can find an attorney who will help you with this, because it sounds like your ex-husband is a real weasel.  One place to look for qualified counsel is our website, http://attorneypages.com

He should have to do more than just say he is a "pauper," he has to file a Case Information Statement (CIS) on a motion like this, under Rule 5:5-4(a), last sentence.  The CIS doesn't really have any loopholes, and requires him to state any and all moneys received by him.

You should let the judge know that you haven't gotten a copy of his family trust, and you can also serve a Request For Production Of Documents, under Rule 4:18-1, which is specifically "permitted as of right" in family actions by R. 5:5-1(d).  That has to be answered within 30 days of service, which gives you plenty of time to get it -- or complain to the court if he doesn't comply -- before the ESP.

This can all get very technical very quickly, and I hope you don't have to do this on your own.

 


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