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Motion Questioning
I am being hauled in for questioning by the ex's lawyer. This is for a
child support motion. Has anyone been to questioning? How long does it last? What kinds of questions will be asked? What if you refuse to answer some questions? Thanks. H. |
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Motion Questioning
Henry wrote:
I am being hauled in for questioning by the ex's lawyer. This is for a child support motion. Has anyone been to questioning? How long does it last? What kinds of questions will be asked? What if you refuse to answer some questions? Thanks. H. Go to questioning, but have your lawyer present. Your lawyer will instruct you on what to answer and what not to answer. -- Message posted via FamilyKB.com http://www.familykb.com/Uwe/Forums.a...nting/200710/1 |
#3
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Motion Questioning
"Illiana via FamilyKB.com" u38194@uwe wrote in Go to questioning, but have your lawyer present. Your lawyer will instruct you on what to answer and what not to answer. I can understand how Sheeple like yourself think this is a legitimate system, but it's not! Henry, you don't have to go to her Lawyers office, the amount has already been decided. |
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Motion Questioning
DB wrote:
"Illiana via FamilyKB.com" u38194@uwe wrote in Go to questioning, but have your lawyer present. Your lawyer will instruct you on what to answer and what not to answer. I can understand how Sheeple like yourself think this is a legitimate system, but it's not! Henry, you don't have to go to her Lawyers office, the amount has already been decided. Shut up hippie! -- Message posted via http://www.familykb.com |
#5
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Motion Questioning
DB wrote:
"Illiana via FamilyKB.com" u38194@uwe wrote in Go to questioning, but have your lawyer present. Your lawyer will instruct you on what to answer and what not to answer. I can understand how Sheeple like yourself think this is a legitimate system, but it's not! Henry, you don't have to go to her Lawyers office, the amount has already been decided. He said he is being hauled in. If he is being hauled in, he doesn't have a choice but to go. Had he said he was being asked to go, then he could blow it off. You're just trying to get this guy a contempt charge so you can convince him of your hippie, and "Government is out to get me" crap. Henry take DB's advice and end up screwed. Or, ask yourself what would it hurt to see what they want? If you don't want to answer any questions, perhaps you could ASK some questions. You DO NOT have to answer anything, but you can still ask your questions, and do so before you give them a chance to ask you anything. It would help if you recorded the session. -- Message posted via FamilyKB.com http://www.familykb.com/Uwe/Forums.a...nting/200710/1 |
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Motion Questioning
On Oct 23, 6:03 am, Henry wrote:
I am being hauled in for questioning by the ex's lawyer. This is for a child support motion. Has anyone been to questioning? I'm guessing you mean you are to give a deposition. I don't know if you are the plaintiff or your ex is, which of course will change the nature of the questions. I'm guessing you are the defendant. So then you might find questions like: How much money do you earn? What kind of work do you do? What is your training for this work? Do you work overtime? Could you? What is your standard of living? What are your living expenses? What kind of car do you drive? What do you do with extra money? It's a fishing and testing expedition, a test of your intelligence and emotional control Depending on your resources and your knowledge of the system you may or may not want legal representation. Either way be careful, very careful. Your answers can and will be used against you if they possibly can be. Answer directly and honestly but don't wander around and throw in information that was not specifically requested. Even with an attorney (or without one) you have the right to object to any question. Again assuming this is a deposition, your objection becomes part of this record. Think carefully, speak slowly and take all the time you want. This can be quite beneficial for you as the elapsed time of your reply is not captured in the deposition. They can insist (try to insist) that you answer a question "yes or no." If the question can legitimately be answered that way it is in your interest to do so. But if it's a set-up question that is misleading to answer "yes or no" You have the right to say that you are under oath and (if true) that you can not honestly answer such a question "yes or no." It tales as long as the lawyer wants it to. Which typically is a function of how deep your pockets are. My deposition lasted over 10 hours. Supposedly you have the right to have your attorney ask you questions at the end to get your view or your clarification entered into the record. Without an attorney you end up asking yourself questions which is peculiar but can be allowed. However typically the attorney does not say that he is "done" and continues the deposition "for now...I'll have other questions at another time." Which basically prevents you from getting your input added that way. You can of course arrange for her to be deposed if you feel it's worth the effort. When I began representing myself I never felt the need to depose my ex; I felt her replies to my interrogatories were sufficient. Good luck. Don |
#7
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Motion Questioning
On Oct 23, 6:03 am, Henry wrote:
I am being hauled in for questioning by the ex's lawyer. This is for a child support motion. Has anyone been to questioning? I'm guessing you mean you are to give a deposition. I don't know if you are the plaintiff or your ex is, which of course will change the nature of the questions. I'm guessing you are the defendant. So then you might find questions like: How much money do you earn? What kind of work do you do? What is your training for this work? Do you work overtime? Could you? What is your standard of living? What are your living expenses? What kind of car do you drive? What do you do with extra money? It's a fishing and testing expedition, a test of your intelligence and emotional control Depending on your resources and your knowledge of the system you may or may not want legal representation. Either way be careful, very careful. Your answers can and will be used against you if they possibly can be. Answer directly and honestly but don't wander around and throw in information that was not specifically requested. Even with an attorney (or without one) you have the right to object to any question. Again assuming this is a deposition, your objection becomes part of this record. Think carefully, speak slowly and take all the time you want. This can be quite beneficial for you as the elapsed time of your reply is not captured in the deposition. They can insist (try to insist) that you answer a question "yes or no." If the question can legitimately be answered that way it is in your interest to do so. But if it's a set-up question that is misleading to answer "yes or no" You have the right to say that you are under oath and (if true) that you can not honestly answer such a question "yes or no." You can refuse to answer any question but all that does is paint a giant red flag for both the attorney and more importantly the judge. Further the attorney can file a contempt motion to compel you to answer which you can argue against but unless this goes off into some kind of criminal activity for which you need defense it's hard for me to imagine how refusal to answer can be beneficial. It tales as long as the lawyer wants it to. Which typically is a function of how deep your pockets are. My deposition lasted over 10 hours. Supposedly you have the right to have your attorney ask you questions at the end to get your view or your clarification entered into the record. Without an attorney you end up asking yourself questions which is peculiar but can be allowed. However typically the attorney does not say that he is "done" and continues the deposition "for now...I'll have other questions at another time." Which basically prevents you from getting your input added that way. You can of course arrange for her to be deposed if you feel it's worth the effort. When I began representing myself I never felt the need to depose my ex; I felt her replies to my interrogatories were sufficient. Good luck. Don |
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Motion Questioning
"don_1228" wrote in I'm guessing you are the defendant. So then you might find questions like: How much money do you earn? What kind of work do you do? What is your training for this work? Do you work overtime? Could you? What is your standard of living? What are your living expenses? What kind of car do you drive? What do you do with extra money? It's a fishing and testing expedition, a test of your intelligence and emotional control Keep in mind, they need to establish potential income so that a judge can impute any extra income they think the Defendant can potentially earn. |
#9
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Motion Questioning
"DB" wrote in
t: Henry, you don't have to go to her Lawyers office, the amount has already been decided. I realize you are being sarcastic... but I must go or a) be held in contempt and b) basically confirm the usual "guilty until proven innocence" charge against fathers/payers. H. |
#10
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Motion Questioning
"Illiana via FamilyKB.com" u38194@uwe wrote in news:7a1f996f82bfb@uwe:
H. Go to questioning, but have your lawyer present. Your lawyer will instruct you on what to answer and what not to answer. My lawyer will be present. H. |
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