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What Can I Obtain From the Opposing Party Regarding Personal Information in a Divorce, Custody, or Paternity Case in the Orlando, Florida Area?

What personal information of the other party can you obtain? You can obtain a lot of personal information regarding the other party depending on the circumstances.

As a general rule, the court most likely will allow you to subpoena the employment records of the other party. However, Florida law cautions against allowing the discovery of the entire personnel file, because of the potential of disclosing irrelevant information that could cause irreplaceable harm.

Employment files are extremely useful when you think the opposing party is not truthful on their financial affidavit; and that he/she makes a lot more money then he/she told you what he/she makes. It is also useful regarding the number of hours the person has worked. This can be used to show if he/she has decreased the number of hours he/she works since litigation started; and show if he/she is voluntarily underemployed. It is also useful to show recurring bonuses and the amount of the recurring bonus of the opposing party. This is important because recurring bonuses are counted in the income of the party. The records can also show whether a spouse has to work when he/she argues to the court that he/she can have the child. However, in reality, he/she is working on that date and cannot time share with the child.

As you can see, the employment records of the opposing party can make a big difference in your calculations regarding alimony, child support, and attorney’s fees. The records can also be helpful in determining what the opposing party is paying for the child’s health care. However, you need the opposing party to present the Human Resources paperwork to show the actual insurance amount for just the child. The employment records also show overtime worked and insurances the opposing party currently has through employment. The records can show whether the other party makes retirement contributions which are also income to the party, unless they are mandatory retirement contributions.

Regarding medical records from the opposing party, treating physician, the medical facility and the pharmacy, they all fall within the ambit of statutory privilege. Unless you allege the occurrence of a calamitous event that would qualify as an extreme circumstance necessary to invade the spouse’s privileged communications and documents related to treatment of a mental condition.

If you have more questions regarding an Orlando Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only; and it does not form an attorney client privilege.