Ex-Wife Hides Income to Demands Massive Child Support…

[00:00:00]There's Miss Huie is prosay and there's some issues that we need to talk about things like compelling mediation. Uh uh there's but but they're going to be very short and and then there's one that potentially would be long but it's motion it's mother's motion for temporary parenting plan supplement.

[00:00:16]This is one where uh there's been no mediation. There's no u even allegations of any type of of likelihood of substantial harm. So, I would argue that that any type of motion for temporary parenting plan is premature at this point until we either have finished discovery, which I'm arguing we and and have mediation and we set it for a hearing. But your honor, I think most of these motions will just take a couple minutes.

[00:00:42]>> All right. Well, let's start down through them. Miss Huey, can you hear everything? Okay.

[00:00:46]>> Yes, sir.

[00:00:49]Let me explain to you that under the law, once there is a permanent parenting plan that's been issued by a court and adopted by the court, that parenting plan is to remain in full force in effect. And if there's a later petition to modify that uh parenting plan, the court does not have the authority under the statute to modify or to adopt a different parenting plan unless there is a showing of immediate and substantial uh harm, a potential harm to the children. And normally that would require a uh a detailed hearing with evidence to be supported. And if we're going to have to have a hearing on the adoption of a parenting plan, Miss Huie will need to plan to be present in court rather than through media through the uh Zoom link. Um so let's go through what we have and let me see if I can do >> I have a motion objecting to the mother's uh superseding discovery responses. On January the 12th, the mother uh served uh uh interrogatories and requests for admissions on uh when we submitted those on February 9th, approximately not even 12 hours later.

[00:01:54]>> When did you file? There are a lot of these things that I need to find a >> Oh, I'm sorry. It's our motion. This is the motion objecting to to mother's superseding objection.

[00:02:03]Hey, >> what day did you file it?

[00:02:06]>> Oh, what day did I Oh, I filed it.

[00:02:09]No, I don't have the date. I thought I have the date that I signed it, but I don't >> Well, I got a lot of tabs to turn to.

[00:02:13]So, let me see if I can find it.

[00:02:15]>> Or you just tell me what tab you're on.

[00:02:17]I can go to that one. So, I can do whatever whatever's easy.

[00:02:23]I think I filed all the All right. Well, the first motion of any kind that I find filed in this file is the motion to dismiss the counter petition for civil contempt filed February the 6th of 2026.

[00:02:41]>> I can do that one, judge. That's one where uh there was a initial uh petition, there was an answer, and then Miss Huie decided to just do an amended one without asking for permission from the court to do that. I understand she's prosay and and and and but but that's the reason why we we asked.

[00:03:02]>> Miss Huey, the law you're unfortunately held to the same standard as if you had a lawyer representing you and under the rules of civil procedure once a petition is filed and a responsive pleading, an answer has been filed, then you cannot admend the original petition without leave of court. you would have to file a motion asking for the court to allow you to amend your petition and then have that heard before you can actually file that. So I have to grant the motion to dismiss the counter petetition for civil contempt and then but you're free to file a motion to amend and you know and normally that would be granted. So it seems rather ciruitous and unnecessary to do it this way but that is what the rules require. Your honor, may I have permission to respectfully request leave to amend here in the hearing?

[00:03:52]>> You could respectfully request what?

[00:03:54]>> Um permission to amend um that petition here in the hearing or would you need that?

[00:04:00]>> A written motion to amend under the rules.

[00:04:03]>> Yes, sir.

[00:04:04]>> She files that serves that on me. That might be something we just agree to.

[00:04:08]>> If you file your motion to amend and set forth the reasons why you want to amend it, then serve that on opposing counsel.

[00:04:15]And I think at that point you would uh be entitled to have it heard if he doesn't agree, but I would think he would likely agree. So, all right. Then we have the motion to dismiss the counter petition for civil contempt that Miss Huey has filed.

[00:04:35]That was filed February the 6th. That was actually the one we were talking about.

[00:04:40]And Miss Huie, you have filed a motion to dismiss the counter petition for civil contempt.

[00:04:47]>> Yes, sir.

[00:04:48]>> What is your basis for that motion?

[00:04:50]>> Um because I gave notice to um regarding the move and there was no written objection. There was no verbal objection and um I followed the rule of um the the parenting plan as I understood it.

[00:05:11]Velure, do you have anything to respond?

[00:05:13]>> Uh, no. Well, let me say this. As far as I'm I don't have >> You might want to turn that microphone towards you because >> Can you hear me? Okay. Okay. I'm >> I have a I'm talk really loud, so I usually have to but but just to make sure that she gets it. Um that uh as far as as far as that goes, I would argue that that is a case that is that is a material thing that should be set at the hearing uh for the the we have a number of hearings that we may do, but that's not for today. I mean, that's for that'll be an ev evidentiary hearing that to determine that.

[00:05:48]>> Miss Huey, the civil contempt petition that's been filed is a factual issue and it's also a legal issue. And for that reason, just to say that you want to dismiss it because you felt like you complied with it, that's a an allegation of fact which will have to be proven at a hearing. So, while at that hearing, I'm going to pass your motion to dismiss. Um, and we'll just reserve that for the hearing in this on the motion for contempt uh to allow both sides to be fully heard on that.

[00:06:18]All right. The next is a motion objection to interrogatories and request for admissions that was set was filed March the 9th. I show it was supposedly set from April the 8th. Did you appear on April the 8th and have a hearing?

[00:06:33]>> No, we moved it, judge. We moved it to today. We've not heard we've not heard any of these. Is that our motion objecting to the mother's superseding discovery responses?

[00:06:43]>> The one you filed March the 9th, 2026.

[00:06:46]Motion objection to interrogatories and request for admission.

[00:06:51]>> Correct, judge. That's the one where there was there the mother filed three separate petitions in this case. A modify parenting plan, modified child support and conversion of funds. We answered the interrogatories and requested for admissions. And then uh 7 hours later she sent us 25 more interrogatories, 16 more requests for production of of of documents and 87 additional uh requests for admissions.

[00:07:17]So what I would ask judge, she already she did that once. She I guess maybe she didn't like the responses, so she decided to take a second bite of that.

[00:07:25]And I would argue that that is uh um not not uh proper.

[00:07:31]There is a rule both a local rule and a rule of civil procedure that somewhat limits the amount of of uh questions and interrogatories and requests for admissions that you can uh submit. I'm going to grant the objection to the subsequent or superseding set of interrogatories.

[00:07:51]But again, if you feel that there is an additional need for something that is not fully answered in the first set of interrogatories, then you can file a motion asking for the court to approve additional discovery. Thank you.

[00:08:07]>> All right. Then we're moving to a motion for a temporary parenting plan.

[00:08:15]And Miss Huy, I've already dealt with that. Uh, I cannot adopt a new parenting plan on a temporary basis without a full hearing.

[00:08:24]>> Yes, sir. Um, and may I just clarify, my intent is not to to limit or um restrict the parenting time or that he's in any danger. I'm simply seeking um a parenting plan that is reflecting the reality because we've had substantial change. Um, my older son has um reached age majority. it's just dealing with our younger son um and trying to reflect actual parenting arrangements and reducing conflict and communication issues was my goal.

[00:08:53]>> And I understand that and that's that's a you know an admirable um goal that you may have. But all I'm saying is that unless it's agreed to, I cannot grant or even conduct a hearing to uh adopt a temporary parenting plan absent showing of a substantial risk of harm or injury to the child. So we'll reserve that and perhaps you two can come to an agreement in mediation or whatever.

[00:09:21]>> There's a supplemental motion to determine a child support or rearage.

[00:09:26]>> Your honor, the same that was the mother's motion. my uh uh she's trying to seek a uh a uh uh setting a rear from a date of of divorce to present. I would argue that's also premature. We haven't done any mediation and that would be something for a final hearing.

[00:09:43]>> Miss do you want to be heard on that? It is typical that that would be a hearing that would be conducted that would be an issue that would be heard during the final hearing.

[00:09:54]>> Um yes sir, I understand that now. I was just simply seeking to I didn't realize that that was part of the final hearing.

[00:10:01]I um was seeking to just bring matters before the court for resolution.

[00:10:06]>> All right. Then we have a supplemental motion for reimbursement of child related expenses.

[00:10:12]Again, this would be in my opinion a part of the final hearing as well. If there are additional expenses, child related expenses that need to be addressed, then that normally is done at the final hearing and it will be based on what the final what the prior temporary parenting plan or permanent parenting plan provided.

[00:10:34]Now, we're looking at motion to compel discovery responses that Mr. Huey has filed.

[00:10:40]>> That's correct, Judge. We uh on January 20th, we sent interrogatory responses on a number of questions and I can submit these if you want to uh later and you could do that. But there were several things uh that were just not answered.

[00:10:53]She objected to it and she just didn't answer. There was let me think one one interrogatory and production of documents. There's one, two, three uh maybe six of those. Uh and and uh she just wouldn't answer them. Uh and that and like for for instance one uh I said uh number 20 of the interrogatory please state with specificity all complaints and allegations on which you intend to rely on as grounds listing specific instances of misconduct by father and state the names and addresses of persons who witnessed or have knowledge of any instance that you have listed. And she she just uh wouldn't answer that objected to that. And then uh do you want me to go through each one or do you want to rule on each one of these?

[00:11:39]>> I don't want to rule on them at all, but I will do what I'm required to do.

[00:11:43]>> Well, fair enough, judge. So, we just want to know what she's going to say bad about the father and we need to know what she's going what things she's going to rely on at trial and that was the point of that interrogatory. Miss Huey, uh, under the rules of civil procedure, when I first started practicing law, these rules had just been adopted and older older attorneys used to moan about the fact that it eliminated trial by ambush, which they really liked. They used to, you know, not give the other side the information about what was going to happen and they could ambush them at trial. the rules of civil procedure when adopted were designed to eliminate that and so that both sides are entitled to have all information that is going to be introduced at the final hearing in the case. So there's no um unless there's privileged information and that's very limited. It would be required to be divulged as to all of the information that's been requested. So do you want to have anything to say about why some of these answers were not provided? Um, your honor, I responded in good faith and provided substantial information in my responses and to the extent that there are specific deficiencies, I do remain willing to supplement appropriate requests.

[00:12:57]However, there were several requests that raised privacy over breath and proportionality concerns.

[00:13:06]>> And you want to point that point to me?

[00:13:09]Number one, what I'm going to do is I'm going to order that you supplement your answers within a certain period of time within 30 days that you file a supplement uh to your answers to discovery. And under the rules, you either answer them or if you believe it's not uh appropriate, then you can file an objection to it. But you cannot just simply fail to answer it. So, within the next 30 days, what I'm going to uh put in order down here is that you supplement your answer and you fully answer all of the questions. Any question that you believe is objectionable, then you have to file an objection stating uh with particularity and specificity what it is that you object to under the rules of civil procedures.

[00:13:52]>> Yes, sir. Just let me add that that first one I mentioned was that the second I'll just just kind of go over but and I know you just said basically do all of them but the next was that we asked for a earnings record by the Social Security Administration that she provide that that shows her past income.

[00:14:08]She didn't do that. Also, we're asking for statements of her checking savings money market account uh uh and only since the date of the divorce. So, it only goes back to 2020. Why would that information be?

[00:14:20]>> Well, it's going to as far as child support, that's going to be an issue.

[00:14:24]Whether or not she has other uh income and the same thing as far as Finmo, PayPal, Amazon, I just need to know what her income level is. That's why that would be appropriate. And as far as social security, I need to know whether or not she's undermployed, overmployed, whatever. But again, for social I mean for child support issues, uh that we do that. And then um then I asked for a driver's license on number 16. And I also I asked for photographs of her home including the outside the yard and the interior room. And the reason I'm doing that is because this is a custody case and I want to know to make sure that there's appropriate uh she has appropriate uh place for the children to live. So those are the those are the ones that that that and let me say this too, your honor. when she sent her interrogatories. I sent her a deficiency letter back some time ago outlining that, but I'm going to put that in the order also that he she has 30 days to answer that.

[00:15:21]>> All right. Interrogatory number nine was um I'm sorry, interrogatory number 20 says, "Please state with specificity all complaints and allegations of which you intend to rely upon as grounds, listing specific incidents of misconduct by the father and state the names and addresses of all persons who have witnessed and or have knowledge of any of the incidents you have listed." In a new response, Miss Huie was, "The responding party objects to this interrogatory to the extent it seeks an exhaustive catalog of all allegations, incidents, and potential witnesses as such request is overly broad, unduly burdensome, and not proportional to the needs of the case.

[00:16:00]What you would need to understand is is that he has a right to know anything that you're going to try to rely upon when you get to court. So if you intend to rely upon any type of information or incident involving Mr. Huey, you must divulge that and answer this question fully. If you do not, then when you come to court and you attempt to get into something that was not supplied to in your answer to interrogatory, then the court will be if he objects, then the court will be forced to exclude that information. Do you understand that?

[00:16:35]>> Okay. All right. So to the extent that number 20 uh my ruling is is that she will have 30 days to supplement that answer >> with those instructions.

[00:16:46]>> Thank you.

[00:16:47]>> Um there's a question number three.

[00:16:49]Provide a copy of your earnings record as provided by the Social Security Administration and a copy may be obtained from uh the Social Security Administration. you you have objected to that as cumulative, overly broad and not proportional to the needs of this case, not reasonably calculated to the lead to discovery. You want to answer or supplement your answer or objections on that?

[00:17:16]>> Um, yes sir. My understanding is and from what uh Mr. Belter just stated that it was from the the point of divorce forward and I have supplied my tax returns and I don't under I'm not understanding why that is not adequate.

[00:17:34]>> When was this divorce?

[00:17:36]>> 2024.

[00:17:37]>> Okay. So you want her entire social just let me finish.

[00:17:43]>> Oh sorry. Uh, do you want her entire Social Security Administration list of earnings back to the date she first got a job?

[00:17:51]>> Well, I don't need that. I need to last 5 years. I just want to make sure that what she was making is what she is making. So, basically, just to make sure that she's not >> But she was divorced. Excuse me for interrupting you.

[00:18:03]>> Yeah. No, that's okay.

[00:18:04]>> Uh, when she when you when they were divorced, was there a calculation of child support?

[00:18:09]>> There was.

[00:18:10]>> All right. then they're bound by that calculation of child support and the showing of her income absent some showing of of fraud. So my ruling will be she's required to prove what her income is from the date of the divorce forward.

[00:18:23]>> She says she has supplied copies of her income taxes and that would seem to me for the years following the divorce and that's all I'm going to require to provide.

[00:18:33]With all due respect, judge, the only thing I would ask is just copies of statements, checking just to make sure that everything is listed on her taxes are also >> Well, we haven't got to that one where that one is next one, right?

[00:18:46]>> Fair enough. Yes.

[00:18:47]>> So, as to the one that says that you're requesting a copy of your earnings record, I'm not going to require you to do that, but a copy of your actual tax return form since 2024, the divorce will need to be supplied to Mr. Belure. We'll go from there. The next question is copies of your statements for your checking savings u in retirement accounts which you've had an interest since June 17th. You objected to that.

[00:19:14]Uh you provided statements but redacted transaction descriptions for deposits and withdrawals which may be relevant.

[00:19:21]You want to be heard on that?

[00:19:22]>> Um yes sir. I redacted transactions. I did not redact any um withdrawals or deposits. I left all of that visible.

[00:19:31]Um, I left um all of the large transactions, for example, mortgage payments and things like that. All of that has been visible. I only redacted daily transactions that seemed overreaching and I didn't understand why those were pertinent to the case.

[00:19:46]>> Mr. Voucher, >> Judge, you know, when when we look at these statements, there's a lot of things that you could find. If she goes to the liquor store three times a day, that might be relevant. I don't know. It might be that she's spending if she's going on big trips. There's lots of things that potentially could could be discoverable and that's the reason why we ask for >> Mr. Yansy. I mean, Mui, I'm going to um order that you have to provide a unredacted copy, but it will be filed with Mr. Belchure under a protective order of this court that it's not to be used for any purpose other than for preparation for trial. And so, if he obtains an unredacted copy, he is to hold that in his file under this protective order. and that's the best I can do. He is correct. We have cases that people are are using their accounts uh for transactions to purchase liquor at liquor stores on a repeated basis right before a visitation takes place or you know that there are other expenses that are inappropriate. So the transaction record can be relevant but the best I can do is order that it be provided unredacted and that uh it be held by Mr. Belchure under this protective order. Your honor, is that just are we looking at I mean bank statements?

[00:21:03]>> What he's asked for is a copy of your checking, savings, a money market or investment or retirement accounts of which you've had an interest. This is all about your income. And what he's looking to see is if there are some people who um try to hide their extra income that they make a representation that they make only, you know, this amount of money, but that their bank account records show that there is a substantial greater amount that is being deposited into the account or that they're spending substantially greater amounts of money than their income would justify. And that's the reason that this becomes relevant.

[00:21:42]>> And Okay. Yes, sir. So, to be clear, um only my bank account, um checking my checking account, savings account, or retirement account is what we're talking about. Is that correct?

[00:21:55]>> That is in number eight of the requests that says, "Please provide copies of your statements." If you refer to Mr. Belchure's number eight on his interrogatory is a request for production of documents. Please provide copies of statements for your checking, savings, money market, investment, and or retirement accounts of which you've had an interest since June 17th of 2024.

[00:22:20]>> But that's that's the question that that I'm ordering. You have to file unredacted copies and then that will be filed with them under a a protective order. Same thing goes for number nine, which is copies of Venmo, PayPal, Amazon, Zel, I don't even know what the Zel is, Zeli, Cash App or other such accounts that you might have. And again, it's the same principle that they're going they're looking for any indication that you're actually uh have a greater income than what you are representing.

[00:22:54]And not to say that will be the case, but they have a right to see those unredacted. So number eight and number nine, you'll have 30 days to provide that information. It will be provided under this order which provides that that information will be filed under seal to Mr. Belture and he will not be able to use or disseminate that information uh beyond trial preparations.

[00:23:16]>> May I ask one more clarifying question?

[00:23:19]>> All right.

[00:23:20]>> Regarding number nine where there's Vinmo, um PayPal, Zel, things like that.

[00:23:25]Um, do are all of the the because a lot of those are persontoperson transactions.

[00:23:34]May I redact the names or do the names need to be included as well?

[00:23:38]>> Any reason why if you're looking for the income information, there's really no reason the names would have to be at this point. Let me say this. We're going to allow you to redact the names. If Mr. Belchure later determines that that a particular transaction is one he needs to follow up on, then he can apply to the court to have that name unsealed.

[00:23:58]>> Yes, sir.

[00:24:00]>> All right. Number 16, a copy of your driver's license.

[00:24:04]>> And judge, I I provided a copy of my driver's license. The only thing that I redacted was my driver's license number.

[00:24:14]>> Thanks.

[00:24:15]Number 21. provide photographs of your home, including the outside, the yard, and each interior room, including bedrooms and bathrooms.

[00:24:26]Now, you have any objection to providing those?

[00:24:30]>> Um, your honor, I guess I just didn't understand the the reason. My um ex-husband has been here several times, has been invited to come in, and has declined. So I didn't understand especially in those circumstances how that was pertinent information and what could be gained from that.

[00:24:50]>> Where your children or child is going to be residing and where do you what you don't have to tell me the address but where are you?

[00:24:57]>> Mount Juliet.

[00:24:58]>> Okay.

[00:24:59]um where you are residing with your minor child does become an issue for the court to determine if the environment that you're providing is appropriate. And all I'm understanding he's asking is for you to provide copies of the photographs of the interior of your home, which normally you would do when you come into court to show that it's a good place for your son to uh to live. So, I'm going to order that you do that. It's a little bit unusual to require you to make photographs, but um I can't really produce I can't require her to produce photographs if they she doesn't have them. I can't make her go out and take photographs. Um >> well, let me say this in the alternative I guess if you court could order a time maybe for us to go out and I could take the photographs.

[00:25:48]>> Oh, you want to take them? Mr. Bel.

[00:25:51]>> I I guess honestly, judge, it feels very invasive and intrusive. Why?

[00:25:57]>> Especially when the father's been invited in before and has declined to be he he's specifically been invited to see it, come inspect, come see where your son lives and has declined.

[00:26:10]There are um photos of the apartment complex online.

[00:26:17]>> The idea that it is invasive and intrusive is correct. And unfortunately when two people come before the court and they and the I don't know either one of you.

[00:26:29]So I don't know anything about your house. I haven't been invited to your house. And if I or one of the other judges have to make the decision then having the most amount of information, the greatest amount of information about the conditions, the circumstances, what it looks like. As I've said, most of the time the person who's seeking to have the child live in that home brings photographs before the court to show this is a great environment. Here is his room. Here's what it looks like to satisfy the judge that that the uh child will be living in an appropriate environment. I am not going to order that she has to provide those photographs. She can either produce them or not. Um that's up to her. But I I will say that obviously the judge who hears this case is going to want to know what kind of environment it is. And if she doesn't provide them, then Mr. Belure, you and your client can argue to that judge or to me that her failure to provide copies of photographs that show what the environment is like may be an indication that there's an inappropriate environment.

[00:27:30]>> If she provides though, can she at least I mean, if she does take pictures and she intends to show those, will she provide those to me ahead? do intend to take photographs and show them at court, you have to provide a copy to Mr. Belure.

[00:27:42]>> If you do not, then I say that's your choice. But I'm not going to require her >> uh to go out and take photographs of her own home and then mail them to you. So she if she's going to take them and use them at trial, then she has to provide them to you.

[00:27:56]>> Okay.

[00:27:56]>> Um All right. That concludes the discovery issues. If I understand correctly, you've already dealt with your motion to dismiss the amended petition, which she can do. You have a motion to change venue, judge. The only reason I say that is the children are now uh are residents of Wilson County. They've lived there for more than 6 months. The mother now is in Wilson County. The uh >> Where's your client?

[00:28:23]>> My client still lives here, but I'm out of Wilson County, so it's not a big deal. Listen, it was a very pleasant drive, but it did take an hour and a half to get from Mount Juliet to here.

[00:28:34]It was very nice this morning. But that's the reason why I'm asking that.

[00:28:38]Just it's just for basically uh convenience sake for the mother, the children, uh me. But let me say this. If she wants to have it here, I'm okay.

[00:28:48]>> I don't care where this case is heard.

[00:28:50]>> And if you want to have it heard in in Wilson County since you live there, um then that's where the child is. That's where the the court that would have the greatest of opportunity to hear it. I'll be glad to change the venue to Wilson County. Do you want it changed to Wilson County?

[00:29:06]>> Uh well, so my concern is avoiding prejudicing the um the matters that are already pretending or pending before the court and particularly the unresolved financial issues, the custodial account issues that arose while that this was before the court and my older son has now reached the age of majority. So, I'm just concerned about moving it it extending the times, additional costs and things like that.

[00:29:32]>> And I think it would be less cost if it was done in Wilson County because everybody's there. Almost everybody's there except for the father and the father.

[00:29:40]>> Normally, it's normally it's the non it's the person who doesn't live in Wilson County who is objecting to it. I don't care if you object to it being moved to Wilson County, we'll leave it here. If you want it moved to Wilson County, it should not make any difference. All that happens is that all of the pleadings that are here get transferred over under a court order to Wilson County Chancery Court.

[00:30:04]>> Um, your honor, I I I object to moving.

[00:30:07]I would like to keep it in Dixon County.

[00:30:09]>> Remain here.

[00:30:10]>> It'll stay here.

[00:30:11]>> There's a motion to compel mediation. We have a local rule that requires mediation. So, the parties will be required to undergo mediation until at some point before the final hearing.

[00:30:21]>> That's right. The only reason I filed that is after the discovery, the first set of discovery was submitted, I had asked to set mediation up and she uh refused and said that only until we provided a 408 proposal would she even consider mediation. And I I don't see that as a barrier to have an email that states that. But either way, your honor, we'll set mediation ASAP. And lastly, there's a motion to dismiss the planners petition to modify child support. And obviously, the issue of child support is one of those things that in my opinion needs to be heard at the final hearing.

[00:30:56]>> The only reason I put that in there, judge, is in her petition, she was asking that it be retroactive to the date of divorce.

[00:31:03]>> Well, that'll be for argument at the final hearing. You cannot get retroactive modif you cannot get a retroactive modification of child support when there's a court order down.

[00:31:13]um other than the fact that you could get it from the date of filing a petition to modify. In other words, got a court order down assess child support.

[00:31:22]That is that is controlling until you file a petition to modify. Once you file a petition to modify, if it takes six months or a year or two years to get it heard, the retroactive modification can be to the point where you filed your petition to modify. But you can't >> can't go from the petition to modify back to the date of the actual divorce because that's a race judicata is the term the term we use to determine that.

[00:31:50]>> Yes, sir. I petition.

[00:31:52]>> Mr. Belchure, will you draw an order, please, reflecting all of my rulings and then submit that to Miss Huey?

[00:31:59]>> I will.