07/19/2022
Many people ask me, "What if I already have a court order to pay child support and the court is telling me that Discovery is either over or expired?" Well, in welfare recoupment cases ("child support", See Blessing v. Freestone) Discovery is on going, which is why the Plaintiff / Petitioner can repetitively petition the "court" for additional "child support" to be paid by the "non-custodial parent". They subpoena your current financials and off they go shaking you upside down again.
So, what gives them this authority? 45 CFR §303.8, which reads, "Review and adjustment of child support orders. (a) Definition. For purposes of this section, Parent includes any custodial parent or noncustodial parent (or for purposes of requesting a review, any other person or entity who may have standing to request an adjustment to the child support order)." In order to request a review, the opposing side must have access to the facts, testimony and evidence in your possession that gives them "the right" to take more money from you, which by the way, is PRIVILAGED AND PRIVATE information they ARE NOT ENTITLED TO, by law. This access to information is called, DISCOVERY! If they can demand access to your information, you can demand the same. The last thing they want is for you to get Discovery because once you do, their pseudo-judicial complaint is over.
AGAIN, as I always preach, YOU MUST GET DICOVERY IN ORDER TO WIN!! Winning isn't necessary the fake court dismissing your case/complaint/cause. Winning can also be forcing the State's only witness (your ex) to withdraw her appearance once she realizes she will be implicated for perjury when she has to produce the same Discovery you've been forced to produce. REMEMBER, the State does not verify their star "witness's" financials because it is not in their best interest to do so! But, you're going to! When the State loses their only "witness", they must withdraw or dismiss the case/complaint/cause under their own initiative. DISCOVERY BEATS "CHILD SUPPORT"!
So, what's our take away here? DISCOVERY IS ON GOING IN ALL CS CASES / COMPLAINTS / CAUSES and is REQUIRED IN ORDER TO WIN!!