NJSBA Family Law Section

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  • 1.  Discovery of Significant Other's Financials

    Posted 12-12-2013 07:01 AM
    Does anyone have specific case law supporting discovery rights regarding the financials of the opposing party's spouse/significant other? Thank you. ------------------------------------------- Shelley J. Pedersen Esq. Jamesburg NJ (732)641-2069 -------------------------------------------


  • 2.  RE:Discovery of Significant Other's Financials

    Posted 12-12-2013 07:47 AM
    Hi Shelley

    The comments to the NJ Rules of Court -- the basic discovery rules -- contain caselaw about taking discovery of third parties. Unsurprisingly, you have to show a direct nexus between your need for the information and their role in the transaction or relationship. If there is an issue of shared bank accounts, fraudulent transfers, or the like, you should ne able to proceed with a deposition.

    Consider filing or amending your complaint to INCLUDE the third party as a named co-defendant, which the Rules of Court will permit under appropriate circumstances. Family Court (as all civil litigation) requires joinder of all claims under the Entire Controversy Doctrine. Not all judges will understand or agree, but if you get that third party in the door, liberal discovery will follow quickly.

    Hanan
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    Hanan Isaacs Esq.
    Kingston NJ
    (609)683-7400

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    Original Message


  • 3.  RE:Discovery of Significant Other's Financials

    Posted 12-12-2013 10:26 AM

    Shelley,

    Since you referenced financials of an opposing party's "spouse", I am assuming the matter is post-judgment.  Hudson is instructive insofar as the Appellate Division expressed:


    A court cannot consider issues such as college contribution in a vacuum and disregard substantial economic benefits and financial resources inuring to the benefit of a parent as a result of a remarriage. But any analysis must remain focused on the underlying premise that a current spouse's contribution to the household does not create an obligation on such spouse to share in his or her spouse's parental responsibility for college expenses. The limit of a parent's college contribution should not exceed that parent's income whether earned, unearned or imputed. Hudson v. Hudson, 315 N.J. Super. 577, 584 (App. Div. 1998).

    O'Dell, 2011 N.J. Super. Unpub. LEXIS 99 (App. Div. 2011), and De Graaff v. De Graaff, 163 N.J. Super 578 (1978), talk about the privacy rights of the significant other and how his/her financials may be subject to a protective order by the Court.  


                If the other party has not remarried, and you want to prove something like cohabitation, a post-judgment subpoena may be required to obtain the significant other's financial information.

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    Syeda Ahmad Esq.

    Skey & Bhattacharya
    Princeton NJ
    (609) 896-8100
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    Original Message


  • 4.  RE:Discovery of Significant Other's Financials

    Posted 12-12-2013 10:37 AM
    Thank you Syeda.  Your citation brings me closer to what I seek.  I do not have to prove cohabitation because the certifications are already clear that the relationship is tantamount to marriage.  I do not want to say much about the facts on this discussion board, but suffice to say the issue is potential fraudulent transfers to avoid support.
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    Shelley J. Pedersen Esq.
    Jamesburg NJ
    (732)641-2069

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    Original Message