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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> deposition
Mar 27
2009

Testifying in Depositions – What to expect

Posted by Rick Ortiz in testimony , deposition , Cordell Cordell, PC , Chris LaFrance

by Chris LaFrance of Cordell & Cordell, PC

There are two primary purposes for the opposing attorney to take your deposition.  The first is to obtain information that may lead to relevant disclosure, such as your finances, and the second, is to pin down your testimony on the issues in your case as much as possible so that any deviation from your deposition testimony at the time of trial will subject you to an impeachment of your credibility.

May 05
2008

Ask a Lawyer: Motion to derease child support

Posted by Dads Divorce in testimony , support , out of state , multi-state , Modification , Maintenance , income , FL , deposition , Child Support , Ask A Lawyer

Question:

I reside in the State of Florida and the custodial parent lives in the state of Michigan. She filed a motion to increase my child support obligation in October of 2004 in the state of Michigan, due to my financial status. The court only gave me 10 days from the notice to appear and I was unable to attend. She was granted what she asked for. I have recently been in an accident and have been under doctors care for the past month and a half. I will not be able to return to work (doctors orders) for two more months and may require therapy. I have filed all the required documentaion for a motion to decrease my child support along with documentaion supporting the fact that I would not be able to attend a hearing in the State of Michigan. Once again, I received a hearing date. At that time, I sumbmitted the required paperwork to show what my income was, 2004 file tax return and the last two months worth of pay stubs. The hearing was held on July 28,2005 and per the return letter received from the referee, the custodial parent disagreed with the amount I was requesting to pay and noted that my finances were not adequate. I was given two options: to appear when I felt I was able to or have the case dismissed. I have responded to the letter I received indicating that I do not believe my child support obligation is in compliance with the State of Michigan's Child Support Formula and have requested the court modify my support obligation per the State of Michigan's Child Support Formula. Please let me know if there is a way to have my child support modified without having to attend a hearing in the state in which I no longer reside. I have explaind to them that I am currently not working nor does my financial status allow me to attend a hearing in another state.

Answer:

I cannot answer your question specifically to the laws of Michigan as I am not licensed in that State. I suggest that you retain an attorney to complete your case and represent you in court. In the court there is generally no way to have a modification without appearing in court. However, it maybe possible to have you deposition scheduled and recorded in Florida and then use that as your testimony in the Michigan Court.
Apr 07
2005

Ask a Lawyer: Father Filing For Full Custody, Now Being Deposed

Posted by Dads Divorce in TX , Legal Strategy , deposition , Ask A Lawyer

Question:

I have been divorced for over two years. As of September of 2006 I filed for full custody of my 11 yr old son and 8 yr old daughter. I have always been active in the classrooms, PTA and extra-curricular activites. My ex is involved in none and continually makes poor decisions regarding the children. (ex. She bought a 2 bdrm townhome because it was a "good investment") This home cost the same as my 3 bdrm, 2 bth, 2 car garage home in a cul-de-sac with almost 1000 more sq ft. The children Always complain about inconsistancy in their lives not including medical issues that she does not properly address. Since I filed for custody, she has tried to become "Super Mom", tried to get involved in the kids lives, involved in school and she had her boyfriend move in to try to show "stability", of which I found out that he has been unemployed since January. My attorney keeps telling me we are in a very good position and I just found out that the Amicus has made positive feedback regarding meeting me and negative feedback regarding my ex to my attorney. My discovery was very lengthy and included hard documented facts of everything that I have issues with and my testamonial list includes several teachers and principals among others. My question is that my ex's attorney is set to give me a deposition and I am seeing that the people that will attend are my ex and her attorney, my attorney and the amicus. I have been told that I will be questioned by the opposing attorney, my attoney and the amicus. I am nervous because everything I have been told about this is that it is about the attorneys strategizing questions to trip me up, make me nervous, confuse me, bleed more info from me, demorilize me and to find weak spots like angering me. I am told this deposition is a good sign and shows that they are grasping for straws. I am however very nervous and have concerns as to me, this is my life and to these attorney's I am being told that this is the fun part for them to be able to make or break a case in a game of wit. I have been told to keep my answers to 5 words or less. Don't show any emotion. Be sure to show confidence with every answer and to ensure that questions asked in multiple forms are answered the same exact way. I have been through military review boards, of which I excelled, but I am having difficulty dettaching the emotional portion, that I believe is required in order to get through this. I have a week and a half to prepare and I wanted to know if there was any other helpful advice for this deposition. And/or if there are any support web sites specifically for this situation. I appreciate my attorney but feel that I should also be looking for other advise as well from different perspectives. Thank you.

Answer:

First let me say I am not licensed in Texas. However, depositions are discovery tools that are frequently used. It sounds like your attorney has prepared you. The most important thing to do in a deposition is tell the truth. Keep in mind that it is under oath and can be used at trial. Also remember it is not a trial. You attorney is right that you want your answers to be consistent. It will be more important for your testimony at trial to be consistent with your deposition. If you tell the truth this should not be a problem. Depositions can also be helpful to you. You will have a better idea of what the other side's strategy is. You can go to the dadsdivorce.com forum and tell the members what you are getting ready for and they will be able to help you. Sign up for the forum and make sure to check your spam folder if you do not receive your confirmation within a few hours. This forum was built for men facing divorce.
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