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Motion Questioning



 
 
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  #1  
Old October 23rd 07, 11:03 AM posted to alt.child-support
Henry
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Posts: 55
Default 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.
  #2  
Old October 23rd 07, 03:17 PM posted to alt.child-support
Illiana via FamilyKB.com
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Posts: 377
Default 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  
Old October 23rd 07, 06:29 PM posted to alt.child-support
DB
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Posts: 712
Default 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.



  #4  
Old October 24th 07, 01:24 PM posted to alt.child-support
Illiana via FamilyKB.com
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Posts: 377
Default 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  
Old October 24th 07, 01:30 PM posted to alt.child-support
Illiana via FamilyKB.com
external usenet poster
 
Posts: 377
Default 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

  #6  
Old October 24th 07, 03:17 PM posted to alt.child-support
don_1228
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Posts: 22
Default 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  
Old October 24th 07, 03:23 PM posted to alt.child-support
don_1228
external usenet poster
 
Posts: 22
Default 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

  #8  
Old October 24th 07, 05:03 PM posted to alt.child-support
DB
external usenet poster
 
Posts: 712
Default 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  
Old October 24th 07, 05:54 PM posted to alt.child-support
Henry
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Posts: 55
Default 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  
Old October 24th 07, 05:54 PM posted to alt.child-support
Henry
external usenet poster
 
Posts: 55
Default 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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