Aurora, CO asked in Child Support and Family Law for Colorado

Q: Do I need to provide bank statements for a child support case?

My ex filed for a modification for child support back in February. In July the courts deemed a court date necessary to modify child support as he doesnt agree with my calculations and nor do I agree with his. He recently served with pattern and non pattern interrogatories, and pattern and non pattern request for documents. In the request for documents he is requesting my bank statements back for 3 years. Am I really required to provide this or can I object to this? I dont really have anything to hide on them, as all he will really see that I barely getting by and that at one point in time I received a $33,000 check for a car accident insurance claim that I used to pay medical bills and student loans. It is just becoming a very difficult process to get bank statements from that long ago because I closed my previous bank account and started a new one back in May, and the old bank is saying the can only get me bank statements back to 12 months ago and no further.

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
  • Fort Collins, CO
  • Licensed in Colorado

A: The 3 years of bank statements (and taxes) is a standard request in Colorado. Technically, you should provide this material unsolicited, but many do not provide a compete 3 years.

If the bank cannot provide complete records make a copy of the banks statement and submit this with the records that you do have. Normally, only recent transactions count in the most cases, but the 3 years requirement can catch "bad acts" of parties that try to hide money/assets in anticipation of litigation (which is improper). Depending on the case it can be an issue, but ultimately a judge is not likely to penalize a party for failing to provide complete information if the party cannot reasonably provide the information.

If the requests become stronger you may need to hire a lawyer to assist.

For the impact of the insurance payout you will need to contact an attorney directly. Expect to pay for the attorney's time.

1 user found this answer helpful

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Tampa, FL
  • Licensed in Colorado

A: Presuming his interrogatories were properly served, then, yes, he can ask for 3 years of bank statements. This is one of the "pattern" requests. The pattern requests are requests the state has already determined to be relevant and proper and they are, thus, already in the state provided form. Requesting bank statements can be common in child support modification cases.

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