Interrogatories

virginia interrogatories

Interrogatories are one of the tools available in Discovery. Interrogatories are written questions that require written responses. The answers provided are treated as though the answering party was testifying under oath inside the courtroom. This means that responses are able to be used as evidence by the other party at trial.

Most attorneys have standard interrogatories for particular types of cases, but the questions can be anything as long as they are relevant and designed to lead to the discovery of admissible evidence. In a divorce case for example, the interrogatories can cover many topics. It’s common to ask about financial matters such as bank accounts, assets and debts. If there are children, then there likely will be interrogatories about child custody matters such as specific incidents, the party’s involvement with the child and the party’s mental and physical health. In any type of case, interrogatories can also ask about witnesses that know information relevant to the case.

Not every single interrogatory question is appropriate and requires an answer. Just as an attorney can object to questions asked in court, an attorney can note their objections to particular interrogatory questions.

Each side can only ask 30 interrogatories. If there is more information that either side would like to ask about, they must obtain permission to do so from the court and explain why additional interrogatories are necessary.

The Unemployed or Underemployed Parent

Posted January 12, 2018

 

In Virginia, both parents have a duty to support their children. However, something that happens fairly often in child support cases is that one parent does not work or is underemployed. In situations like this, the Court can often consider the parent’s earning potential rather than their actual income. This is called “imputing income.” The Court will calculate child support as though the parent was earning at their potential level, with the idea being that the parent cannot get out of their duty of support by purposely not working or working only part-time. At the very least, minimum wage will be imputed to a parent who does not have a valid reason for their situation.

As with everything related to children, imputing income to the parent must be in the child’s best interest. Sometimes there do exist special circumstances, such as a child who has special needs and therefore requires extra attention. Situations like this may justify a parent working only part time or not at all. A situation that would not justify unemployment however,  is when a parent is terminated from a job for cause. It is not uncommon for a judge to impute the income that the parent was earning before they were terminated, regardless of whether they have obtained a new position yet.

The bottom line is that the parent asking for income to be imputed has to demonstrate two things: the other parent’s earning potential and that imputing income would be in the child’s best interest.