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Old 01-22-2010, 07:48 AM
#1StepMom #1StepMom is offline
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Default Other Party Requesting Personal Documents - Do We Oblige?

We are on our way to our second settlement conference in 2 weeks.

My husband has served my stepson's mother with 2 offers to settle. She is refusing to take the offers (in terms of child support) into consideration because she is putting a claim forward that my husband is intentionally unemployed/underemployed.

She consistantly "requests" (more like, demands) that he provide her with personal information such as...
  • Copies of the "conditions of employment" for all positions held since October 2008;
  • Copies of ROE's for all positions held since October 2008;
  • Documentation with proof as to why he was terminated or left positions;
  • Medical documentation of back injury;
  • Medical documentation of treatment received including length of treatment and date when treatment was stopped;
  • Full documentation of all job search efforts since October 2008;
  • Copy of our mortgage/lease agreement, indicating monthly cost of mortgage/rent and date when it was signed;
  • Documentation of courses enrolled in since October 2008 and the status of those courses, including date of completion;
  • Full financial statement for October 2008 to present.
She threatens that if he doesn't provide her with this information willingly, she will ask the court that he disclose all the above information to her.

Naturally, this makes us uneasy, and so we have a few questions we hope some of you can answer.

1. Are we obligated to provide her with the above information at her request?

2. Will she be able to get a court order for disclosure of the above information?

3. What if we don't have or are unable to obtain some of the above information?

In the 2nd offer to settle, my husband informed her that it is not unreasonable for him to experience employment fluctuation given the October 2008 market crash, the economic downturn, and the recession which followed and continues to exist.

He let her know that he has made every reasonable attempt to find and maintain a secure full-time position, and will continue to do so until such attempts prove fruitful.

He told her that it is unreasonable to expect that he take time out of his job search to compose full documentation of his job search efforts and seek out documentation irrelevent to his current job search and career-related education.

He informed her that in the 2009 calendar year, despite having held 3 full-time positions, he was unemployed for a total of 4 months, during which time he collected EI benefits for a total of 3 months, leaving only 1 month of unemployment when income was not received.

He even let her know that based on preliminary accounting, his income for 2009 will be in an approximate amount of $25,000, which is not unreasonable given the above information.

We feel that we have already provided her with more than enough information, yet she continues to demand full documentation of the above listed items.

Again...

1. Are we obligated to provide her with the above information at her request?

2. Will she be able to get a court order for disclosure of the above information?

3. What if we don't have or are unable to obtain some of the above information?

Advice is greatly appreciated. Thanks!