I didn’t respond to discovery on time. The other party, soon to be ex-spouse, incurred a gross amount of debt while I was overseas on military orders and their bank statements prove so. They want me to pay half their debt, which was $30K at the time of separation, and 2 years later they’re sitting at $86K and $36K in lawyer fees? They want me to split half their debt and pay for their lawyer fees. Located in California.
How screwed am I?
Ask to have it extended by a few weeks and fill it out. If you don’t have it, say you don’t currently have it.
Attorney in CA.
If you do not respond to discovery, the other party has 2 options (technically 3, but one is ADR related and not relevant).
Within 45 days of a verified answer (if no answer/verification is provided there is NO timeline) they must file a Motion to Compel answers. If they do not, they waive this right. If you wholly did not answer, this is still an option if they have not done so. If a party successfully compels responses, they are entitled to reasonable fees for doing so. Not for the entire trial.
File an RFO with the Court asking for discovery sanctions based on the lack of response. These can be issue or evidentiary sanctions (terminating sanctions are a thing too, but generally not a first failure).
What they now seek based on your prompt is a finding that you are to pay 50% of their fees and debt - there is still a characterization issue with the debt if there was no finding by the Court.
What would need to happen, assuming these are the ONLY facts - someone needs to file an RFO related to the characterization of the debt. If they want fees to that magnitude, they would need to file an RFO under FC 2030 or a similar statute.
The issues are apples and oranges without more information.
How long ago was the Discovery due? What reason did you have to miss it?
Not legal advice. Assuming $30K debt incurred during marriage, likely split. Without more info on assets and reason for fees, not sure how court rules on attorney’s fees. Why are you litigating divorce in court? Why didn’t you respond to discovery?
@Ira
$30K was incurred during marriage, spent on gambling and drugs. We should’ve had $45K in savings when I came home from overseas based on the financial plan we had.
Perry said:
@Ira
$30K was incurred during marriage, spent on gambling and drugs. We should’ve had $45K in savings when I came home from overseas based on the financial plan we had.
You’re going to have to prove it, and even then, there’s no guarantee as to how court will handle this issue (in combination with other issues). Missing info in your post and still not saying why you didn’t respond to discovery. Seems you need an attorney to help you (which is going to cost $). Good luck.
Perry said:
@Ira
$30K was incurred during marriage, spent on gambling and drugs. We should’ve had $45K in savings when I came home from overseas based on the financial plan we had.
You have to prove the debt was incurred on those things which I’m sure you can with the bank statements. So they burned $75K while you were deployed if I read that right?
You have to get a lawyer for this. There is too much on the line to wing it, and you’ve already missed a court deadline.
Look into what resources your state has and start reaching out ASAP. https://www.calbar.ca.gov/Public/Need-Legal-Help/Free-Legal-Help
@Tenzin
Thank you.
Perry said:
@Tenzin
Thank you.
NAL - Idk if it’s a thing, but can JAG or equivalent of your branch connect you with legal resources? You can’t be the first military person this has happened to. There might already be a playbook or reduced-cost legal advice. You will still need a lawyer. But maybe they can get you started?
Good luck. You will probably still get screwed, but a lawyer will minimize the damage. Bankruptcy might be a play and worth asking about, too, for the kind of $$ on the table.
Perry said:
@Tenzin
Thank you.
Good Luck!