This is my next post in a series of articles discussing the modification of alimony in Melbourne, Florida. My last article discussed the process of requesting a spousal support adjustment. Many individuals are unaware of what to expect with the process, which is another reason why it is so important to retain a skilled lawyer to offer support. In this article, I will be addressing the need for discovery in spousal support modification cases. Discovery is one of the most important parts of a legal dispute. It would be difficult to prove that a change in alimony was justified without discovery. If you or a family member are in need of assistance with the discovery process then contact my office to speak with a lawyer.
Evidence must be presented to the Court demonstrating why a change is justified when a person is seeking an adjustment to spousal support. Discovery is the legal process used to gather evidence. The Court allows both parties to ask for information from each other. This includes written questions that must be answered under oath. It also includes requests for documents like tax returns, pay stubs, bank records, and proof of expenses. Each party may also be required to sit for a deposition, which is a meeting where one party is asked questions under oath by the other party’s lawyer. A Court reporter creates a written record of everything that is said. If the person changes their story later in Court, their answers from the deposition can be used to challenge them. Discovery plays an important role in alimony modification cases. It serves as a tool to prove a substantial change has occurred. This can be done by requesting pay stubs to show job and income status. Discovery can also help to uncover facts.
Consider the following example. Rob is paying monthly alimony to his ex-wife, Emma. He suspects that she has started working under the table at her sister’s small business without reporting the income. Rob wants to reduce his support because he believes Emma’s financial situation has changed. Rob’s attorney sends written questions and document requests through the discovery process. They also subpoena bank records and social media posts. The discovery reveals regular cash deposits into Emma’s account that are not accounted for by any known income source. Screenshots from social media also show her actively working at the business. This evidence is critical in showing the Court that Emma is not being forthcoming about her financial status and that support should be modified.
Discovery works both ways as each side has the opportunity to prove their case and to challenge the claims made by the other. A common misconception is that trials are dramatic courtroom moments that determine whether a case is won or lost. Rather, discovery is where much of the work is done. Some people also make a mistake in thinking that discovery requests can be ignored or that the Courts do not take this part of the process seriously. A lawyer can help you understand what you must provide and when. A lawyer can also object to requests that are improper or go too far. The Court will step in to resolve disputes about what must be shared.
These cases are fact-heavy and depend on solid evidence. The discovery process can be complicated and time consuming. Retaining the right attorney can make sure an individual’s rights are protected through every stage in the overall process. I am a Melbourne spousal support lawyer with extensive experience and am able to assist with these matters. Contact my office today to schedule an initial consultation. We also serve the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.