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Can You Obtain Your New Spouse’s Financial Information in Your Orlando, Florida Area Modification of Alimony Case? 

Can you obtain your new spouse’s financial information in your Orlando, Florida area modification of alimony case? You most certainly can try to obtain that information by subpoena, such as bank statements and tax returns. The former spouse’s new spouse will probably hire an attorney and file an objection to the subpoena and protective order. The trial court will then have a hearing on the protective order. The court will weigh the privacy of the new spouse versus how and to the extent that the pending issues in the case or when it may lead to the discovery of admissible evidence; or whether it may lead to the discovery of admissible evidence in the modification of alimony case. In a post-dissolution case, discoverable evidence includes any information that will enable the judgment creditor to collect a debt or will lead to discoverable assets available to execution. The court will examine the relevance between the relationship between the obligor and third party. 

Regarding the operational rule regarding discovery of personal finance information of party’s new spouse, the new spouse’s present income is relevant if the obligor terminated or reduced employment in order to keep from paying alimony and was relying upon his present spouse for his living expenses in completion of the scheme. 

If the evidence fails to establish a deliberate reduction in income, an alternative basis for discovery arises when the obligor transferred significant assets to a new spouse. A new spouse’s income is discoverable upon proof of a significant asset transfer between the obligor and their new spouse and the transfers have left the spouse with no assets of their own with which to satisfy support obligation. 

When the obligor and the third party are unrelated: cohabitation and financial transactions between the former spouse and cohabitating nonparty establish a basis for requiring disclosure of such financial records as any manner reasonably expected to disclose transactions with or in any manner related to the spouse and his/her property. 

If you have more questions regarding a 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. You may also visit my website at: https//:www.AnnMarieGildenLaw.com

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