Request for Admissions Child Support
by Leif from Orlando, Florida, Orange County
I am currently in the process of working through visitation/custody with my daughter's mother. I will be filing a parenting plan and financial affidavit in the next week.
Today (Saturday, 10.30) I received a "Request for Admissions - Support" from the State's Attorney.
I am trying to find out what form I need to use (with the instructions if available) to respond.
Answer to Florida Child Support Question
Be careful. You have 30 days to respond to the Request for Admissions.
If you do not respond then the court can make assumptions based on your lack of response -- and rule that you admitted those facts.
You’ll need to prepare a response yourself.
There is no form available suitable to use as a response.
According to an article written by Attorney Diana Tennis; and posted at the following link:Request for Admissions in Divorce Cases
…This is a list of statements that the other party must admit or deny. If they do not do either, the Court must treat all of those statements as admitted, or proven true. If the party denies something that turns out to be true,the Judge will be shown that person is not credible and there can be attorney's fees awarded based on the dishonesty. Notice:
The same is true if the party objects to the statements and the Judge thinks they should have answered them. If the facts are admitted, it is
very fast and easy to establish those facts at trial…. Just as in depositions or other types of discovery, Request for Admissions can cover areas not permitted in court room testimony.
In discovery, any question or request that "might" lead to evidence that could be used in court is permitted, where as in trial only evidence that fits the formal rules of admissibility can be presented.
This means that there is very wide latitude when asking questions in Requests for Admissions, and typically if a court believes that they are intended to get to permitted evidence they will allow them.
The court can limit either the amount of questions or the subject matter of discovery if those questions are unreasonable or only intended to harass.
If you are on the receiving end of request for admissions, an objection can and should be filed in response to any questions that are unclear, compound, or unreasonable.
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