Matrimonial interrogatories, matrimonial requests for production of documents, and custody interrogatories.

By Rory T. Weiler

Excerpted from Divorce Tools & Techniques

Perhaps more than any other area of the family law practice, discovery is governed by rules. They may be established by the state’s Supreme Court, the state legislature, or the local courts in furtherance of the statewide procedures. There simply is no substitute for thoroughly reading and understanding these rules.

§3:34        Form: Matrimonial Interrogatories

Caveat: Many states have rules that limit the number of interrogatories and sub-parts. Care should be taken conform these forms to those rules. Not all of these interrogatories will apply to every case. Care should be taken to excise those interrogatories that do not apply to your particular fact pattern.

INTERROGATORIES

1. State your full name, current address, date of birth and Social Security number.

ANSWER:

2. List all employment held by you during the preceding three years and with regard to each employment state:

(a)   The name and address of each employer;

(b)   Your position, job title, or description;

(c)   If you had an employment contract;

(d)   The date on which you commenced your employment and, if applicable, the date and reason for the termination of your employment;

(e)   Your current gross and net income per pay period;

(f)   Your gross income as shown on the last W-2 tax and wage statement received by you, your social security wages as shown on the last W-2 tax and wage statement received by you, and the amounts of all deductions shown thereon; and

(g)   All additional benefits or perquisites received from your employment stating the type and value thereof.

ANSWER:

3. During the preceding three years, have you had any source of income other than from your employment listed above? If so, with regard to each source of income, state the following:

(a)   The source of income, including the type of income and name and address of the source;

(b)   The frequency in which you receive income from the source;

(c)   The amount of income received by you from the source during the immediately preceding three years; and

(d)   The amount of income received by you from the source for each month during the immediately preceding three years.

ANSWER:

4. Do you own any interest in real estate? If so, with regard to each such interest state the following:

(a)   The size and description of the parcel of real estate, including improvements thereon;

(b)   The name, address, and interest of each person who has or claims to have an ownership interest in the parcel of real estate;

(c)   The date your interest in the parcel of real estate was acquired;

(d)   The consideration you transferred or paid for your interest in the parcel of real estate;

(e)   Your estimate of the current fair market value of the parcel of real estate and your interest therein; and

(f)   The amount of any indebtedness owed on the parcel of real estate and to whom.

ANSWER:

5. For the preceding three years, list the names and addresses of all associations, partnerships, corporations, enterprises or entities in which you have an interest or claim any interest, the nature of your interest or claim of interest therein, the amount of percentage of your interest or claim of interest therein, and an estimate of the value of your interest therein.

ANSWER:

6. During the preceding three years, have you had any account or investment in any type of financial institution, individually or with another or in the name of another, including checking accounts, savings accounts, certificates of deposit and money market accounts? If so, with regard to each such account or investment, state the following:

(a)   The type of account or investment;

(b)   The name and address of the financial institution;

(c)   The name and address of each person in whose name the account is held; and

(d)   Both the high and the low balance of the account or investment, stating the date of the high balance and the date of the low balance.

ANSWER:

7. During the preceding three years, have you been the holder of or had access to any safety deposit boxes? If so, state the following:

(a)   The name of the bank or institution where such box is located;

(b)   The number of each box;

(c)   A description of the contents of each box during the immediately preceding three years and as of the date of the answer; and

(d)   The name and address of any joint or co-owners of such safety deposit box or any trustees holding the box for your benefit

ANSWER:

8. During the immediately preceding three years, has any person or entity held cash or property on your behalf? If so, state:

(a)   The name and address of the person or entity holding the cash or property; and

(b)   The type of cash or property held and the value thereof.

ANSWER:

9. During the preceding three years, have you owned any stocks, bonds, securities or other investments, including savings bonds? If so, with regard to each such stock, bond, security or investment state:

(a)   A description of the stock, bond, security, or investment;

(b)   The name and address of the entity issuing the stock, bond, security, or investment;

(c)   The present value of such stock, bond, security, or investment;

(d)   The date of acquisition of the stock, bond, security, or investment;

(e)   The cost of the stock, bond, security, or investment;

(f)   The name and address of any other owner or owners in such stock, bond, security or investment; and

(g)   If applicable, the date sold and the amount realized therefrom.

ANSWER:

10. Do you own or have any interest or ownership in any life, annuity, or endowment insurance policies? If so, with regard to each such policy state:

(a)   The name of the company;

(b)   The number of the policy;

(c)   The face value of the policy;

(d)   The present value of the policy;

(e)   The amount of any loan or encumbrance on the policy;

(f)   The date of acquisition of the policy; and

(g)   With regard to each policy, the beneficiary or beneficiaries.

ANSWER:

11. Do you have any right, title, claim, or interest in or to a pension plan, retirement plan or profit sharing plan, including, but not limited to, individual retirement accounts, 401(k) plans and deferred compensation plans? If so, with regard to each such plan state:

(a)   The name and address of the entity providing the plan;

(b)   The date of your initial participation in the plan; and

(c)   The amount of funds currently held on your behalf under the plan.

ANSWER:

12. Do you have any outstanding indebtedness or financial obligations, including mortgages, promissory notes, or other oral or written contracts? If so, with regard to each obligation state the following:

(a)   The name and address of the creditor;

(b)   The form of the obligation;

(c)   The date the obligation was initially incurred;

(d)   The amount of the original obligation;

(e)   The purpose or consideration for which the obligation was incurred;

(f)   A description of any security connected with the obligation;

(g)   The rate of interest on the obligation;

(h)   The present unpaid balance of the obligation;

(i)   the dates and amounts of installment payments; and

(j)   The date of maturity of the obligation.

ANSWER:

13. Are you owed any money or property? If so, state:

(a)   The name and address of the debtor;

(b)   The form of the obligation;

(c)   The date the obligation was initially incurred;

(d)   The amount of the original obligation;

(e)   The purpose or consideration for which the obligation was incurred;

(f)   The description of any security connected with the obligation;

(g)   The rate of interest on the obligation;

(h)   The present unpaid balance of the obligation;

(i)   the dates and amounts of installment payments; and

(j)   The date of maturity of the obligation.

ANSWER:

14. State the year, make, and model of each motor or motorized vehicle, motor or mobile home and farm machinery or equipment in which you have an ownership, estate, interest or claim of interest, whether individually or with another, and with regard to each item state:

(a)   The date the item was acquired;

(b)   The consideration paid for the item;

(c)   The name and address of each other person, who has a right, title, claim or interest in or to the item;

(d)   The approximate fair market value of the item; and

(e)   The amount of any indebtedness on the item and the name and address of the creditor.

ANSWER:

15. Have you purchased or contributed towards the payment for or provided other consideration or improvement with regard to any real estate, motorized vehicle, financial account or securities, or other property, real or personal, on behalf of another person or entity other than your spouse during the preceding three years. If so, with regard to each such transaction state:

(a)   The name and address of the person or entity to which you contributed;

(b)   The type of contribution made by you;

(c)   The type of property to which the contribution was made;

(d)   The location of the property to which the contribution was made;

(e)   Whether or not there is written evidence of the existence of a loan; and

(f)   A description of the written evidence.

ANSWER:

16. During the preceding three years, have you made any gift of cash or property, real or personal, to any person or entity not your spouse? If so, with regard to each such transaction state:

(a)   A description of the gift;

(b)   The value of the gift;

(c)   The date of the gift;

(d)   The name and address of the person or entity receiving the gift;

(e)   Whether or not there is written evidence of the existence of a gift; and

(f)   A description of the written evidence.

ANSWER:

17. During the preceding three years, have you made any loans to any person or entity not your spouse and, if so, with regard to each such loan state:

(a)   A description of the loan;

(b)   The value of the loan;

(c)   The date of the loan;

(d)   The name and address of the person or entity receiving the loan;

(e)   Whether or not there is written evidence of the existence of a loan; and

(f)   A description of the written evidence.

ANSWER:

18. During the preceding three years, have you sold, transferred, conveyed, encumbered, concealed, damaged or otherwise disposed of any property owned by you and/or your spouse individually or collectively? If so, with regard to each item of property state:

(a)   A description of the property;

(b)   The current location of the property;

(c)   The purpose or reason for the action taken by you with regard to the property;

(d)   The approximate fair market value of the property;

(e)   Whether or not there is written evidence of any such transaction; and

(f)   A description of the written evidence.

ANSWER:

19. During the preceding three years, have any appraisals been made with regard to any of the property listed by you under your answers to these interrogatories? If so, state:

(a)   The name and address of the person conducting each such appraisal;

(b)   A description of the property appraised;

(c)   The date of the appraisal; and

(d)   The location of any copies of each such appraisal.

ANSWER:

20. During the preceding three years, have you prepared or has anyone prepared for you any financial statements, net worth statements or lists of assets and liabilities pertaining to your property or financial affairs? If so, with regard to each such document state:

(a)   The name and address of the person preparing each such document;

(b)   The type of document prepared;

(c)   The date the document was prepared; and

(d)   The location of all copies of each such document.

ANSWER:

21. State the name and address of any accountant, tax preparer, bookkeeper and other person, firm or entity who has kept or prepared books, documents and records with regard to your income, property, business or financial affairs during the course of this marriage.

ANSWER:

22. List all non-marital property claimed by you, identifying each item of property as to the type of property, the date received, the basis on which you claim it is non-marital property, its location, and the present value of the property.

ANSWER:

23. List all marital property of this marriage, identifying each item of property as to the type of property, the basis on which you claim it to be marital property, its location, and the present value of the property. (Equitable distribution states)

ANSWER:

24. What contribution or dissipation has your spouse made to the marital estate, including but not limited to each of the items or property identified in response to interrogatories No. 22 and No. 23 above, citing specifics, if any, for each item of property?

ANSWER:

25. Provide the name and address of each witness who will testify at trial and state the subject of each witness’ testimony.

ANSWER:

26. Provide the name and address of each opinion witness who will offer any testimony, and state:

(a)   The subject matter on which the opinion witness is expected to testify;

(b)   The conclusions and/or opinions of the opinion witness and the basis therefore, including reports of the witness, if any;

(c)   The qualifications of each opinion witness, including a curriculum vitae and/or resume, if any; and

(d)   The identity of any written reports of the opinion witness regarding this occurrence.

ANSWER:

27. Are you in any manner incapacitated or limited in your ability to earn income at the present time? If so, define and describe such incapacity or limitation, and state when such incapacity or limitation commenced and when it is expected to end.

ANSWER:

28. Identify any statements, information, and/or documents known to you and requested by any of the foregoing interrogatories which you claim to be work product or subject to any common law or statutory privilege, and with respect to each interrogatory, specify the legal basis for the claim.

ANSWER:

§3:35        Form: Matrimonial Requests for Production of Documents

These are intended examples of the kind of documents that you might need in any given case. Not all of these items will apply to every case. Care should be taken to format the request to require production of documents that apply to your particular fact pattern, and specificity to your fact pattern should govern the type of documents you request, and the time frame that is the subject of the request.

REQUEST FOR PRODUCTION OF DOCUMENTS

DEFINITIONS

1. The term “documents” as used in this request includes, but is not limited to, papers, photographs, films, recordings, memoranda, books, records, accounts, communications written, typed, printed, transcribed, filed or graphic matter of every kind and description, originals, copies of originals, or copies of copies, drafts, carbon copies, printouts, letters, correspondence, telegrams, transcripts, notes, statements, reports, memoranda (including those of telephone or other conversations), minutes, agenda, communications, plans, specifications, diagrams, drawings, working papers, financial statements and records, accounting data, property records, travel records, purchase orders, invoices, receipts, checks, checkbooks, bank accounts, legal documents, stenographic notes, photostats, photographs, computer printouts, films, microfilms, summaries, discs, reels, tapes, computer programs or other forms of mechanical or electrical transcription of information, tables, diary entries, schedules, desk calendars or pads, appointment books, and time sheets or record.

2. As used herein, the word “entity” or “entities” refers to any type or any kind of proprietorship, corporation, partnership, joint venture, association, or organization.

3. The words “and” as well as “or” are to be construed either disjunctively or conjunctively so as to bring within the scope of this request any matters which otherwise might be construed as outside its scope.

4. The term “relating to in any way” means in any way logically or factually connected with the matter set forth.

5. To the extent that production of any document or documents is withheld by reason of the assertion of any privilege or otherwise, please submit in writing the following information regarding each such documents:

(a)   the subject matter of such document;

(b)   the date of such document;

(c)   the identity of the preparer of such document;

(d)   the identity of each recipient, or addressee, to whom said document or any copy thereof was shown, mailed or delivered; and

(e)   the specific basis upon which such document was withheld.

6. The obligation to produce the documents requested herein is intended to be of a continuing nature so that, if at any time after compliance with this request the deponent comes into possession of any document falling within the scope of this request for production of documents, the deponent should furnish such document or documents to the other attorney within ten (10) days of their receipt.

7. The obligation to produce documents requested herein extends to any and all documents in the possession of the deponent, deponent’s counsel, agents, employees, advisors, or any and all persons or other entities acting or purporting to act on deponent’s behalf. If any documents were, but no longer are, in the deponent’s possession or control, supply the information requested in Paragraph #5 above.

DOCUMENTS TO BE PRODUCED

1. True, correct and complete copies of all of plaintiff’s Federal Income Tax Returns and State Income Tax Returns, together with all schedules and attachments, filed or prepared from (year) through the date of production.

2. Records of all income received commencing from the first of the month subsequent to the end of the last year for which a Federal Income Tax Return was filed through the date of production.

3. True and correct copies of any and all U.S. and State Partnership Income Tax Returns and U.S. and State Corporate Income Tax Returns for entities in which she has or had any stock ownership or partnership interest or participation at any time for the years commencing (year), through the date of production.

4. True and correct copies of all personal financial statements of plaintiff that she has submitted to any banks, persons, or financial institutions at any time for the period (year) through the date of production.

5. All loan applications and credit applications from (year) through the date of production, made both individually by the plaintiff, jointly with others, and/or on behalf of any partnership or corporate entity in which she has had an interest, together with all net worth and/or financial statements submitted in conjunction therewith.

6. All gift tax returns prepared by or for the plaintiff during the marriage, whether as donor or donee. All gift tax returns no matter by who prepared reflecting gifts that may have been given to plaintiff.

7. Amended tax returns for any income tax returns requested in this Rider.

8. All audit reports issued by the IRS for any tax returns referred to in this Rider. These include, but are not limited to, Income Tax Examination Changes (Form 4540-A), Explanation of Items (Form 886-A), and Statement-Income Tax Changes (Form 5278) and Schedules issued by the IRS.

9. All canceled checks, deposit slips, debt and credit memos, withdrawal slips or memoranda, check registers and bank statements for any and all accounts, with any banks or other institutions holding money or assets, foreign or domestic, whether in the nature of checking, savings or money market funds, wholly or partly in the name of plaintiff, or over which she has right of withdrawal or check signing power, for the period of (year) through the date of production. If any accounts are savings accounts, then she shall produce all savings account passbooks. In the event any accounts are certificates of deposit, then she shall produce the certificates of deposit.

10. All year-end financial statements for all corporations and partnerships in which the plaintiff has held any interest covering the years (year) through the date of production, including, but not limited to, balance sheets, statements of profit and loss, statements of changes in financial position, and notes to financial statements. With regard to the current year, all periodic (monthly, quarterly, etc.) statements shall be produced.

11. All statements of benefits received for any and all employee benefits, including, but not limited to, any pension or profit sharing plans in which plaintiff is a participant from (year) through the date of production.

12. All deferred compensation agreements between plaintiff, her employer, corporation, partnership and/or between plaintiff and any other persons or entities which presently exist or which have existed from (year) through the date of production.

13. All documents pertaining to any retirement plans, including, but not limited to IRA accounts, Keogh Plans, 401(k) Plans and pension and profit sharing plans to which plaintiff is a participant, including but not limited to the Summary Plan Description, the last three (3) years of benefit reports, the last three (3) years of the Summary Annual Reports filed with the IRS, the Retirement Plan itself and the Annual Reports for the previous three (3) years.

14. True, correct, and complete copies of U.S. 5500 forms, together with all schedules and attachments, filed for the period (year) through the date of production for any plans wherein plaintiff is a participant.

15. Copies of any trust agreements or declarations of trust in existence at any time between (year) through the date of production where she is a beneficiary, trustee, or a party to the agreement or declaration.

16. Any and all trust agreements, pre-incorporation agreements, partnership agreements, or joint venture agreements by virtue of which plaintiff, wholly or partially, have an interest in any real estate business, enterprise, or real estate venture.

17. Copies of all prospectus and offering statements for investments of plaintiff.

18. All questionnaires completed by plaintiff or for plaintiff to be considered to be a limited partner and in order to qualify as a purchase of a limited partnership interest, submitted to a selling agent or general partner, including, but not limited to, information obtained to satisfy Regulation E of the Securities Act of 1933.

19. True and correct copies of any and all expense reports and summaries of expenses which have been paid on behalf of the plaintiff or which have been reimbursed to plaintiff by any of the corporations or partnerships in which plaintiff has been an employee or has had an equity interest for the years (year), through the date of production.

20. All stock redemption agreements or buy-sell agreements to which the plaintiff was or is a party that were in effect at any time from (year) through the date of this production.

21. All stock redemption agreements or buy-sell agreements where a corporation in which plaintiff owns stock or is a party that were in effect at any time from (year) through the date of this production.

22. All stock certificates for any shares of stock that are wholly or partially in plaintiff’s name or in the name of a trustee or nominee for plaintiff’s benefit.

23. All stock options or notices for options not yet exercised, granted to or held by plaintiff or issued by a corporation in which plaintiff is a shareholder.

24. All options to purchase or sell executed by the plaintiff or granted to the plaintiff since (year) through the date of production, as option and/or options, either individually or with another or others.

25. All futures contracts, positions or obligations of any index, commodity currently held by plaintiff, not reflected by the statement request of paragraph 29 below.

26. All bonds, debentures, warrants, mutual fund shares and options to purchase any of the aforementioned, which stand wholly or partly in plaintiff’s name or in the name of any other person or entity for the benefit of the plaintiff.

27. All commercial paper owned by plaintiff, wholly or partly in her name or in the name of a trustee or nominee.

28. All obligations of the U.S. Government, or any other political subdivision of the U.S. Government, any States of the United States or any municipalities of the United States or their subdivisions.

29. All statements sent to plaintiff from any brokerage firm or firms that manage investments for accounts over which she has the power to buy and sell or which are wholly or partially in her name or under the name of any other person or entity which are being held for her benefit from (year) through the date of production. These accounts include stocks, mutual funds, bonds, cash accounts, margin accounts, option accounts, futures contracts, commodities, and investments of every kind.

30. Any and all documents relative to the purchase, ownership or sale of real estate, including deeds, title reports, title insurance policies, closing statements, real estate sales contracts, real estate tax bills, surveys, mortgages, mortgage amortization schedules, statements from any mortgagee indicating the outstanding loan balance, leases, operating statements showing income and expenses, appraisals or market studies and other writings relative to the title, value, liens or encumbrances affecting real estate in which you have held any ownership interest, legal or beneficial, from (year) through the date of production.

31. Any and all documents relative to the purchase, ownership, maintenance, or operation of any boat which is wholly or partly in plaintiff’s name presently used or which has been used for the period of (year) through the date of this production.

32. Documents relative to the ownership of any automobile which you or your spouse own or which have been operated by you or your spouse, including the title, bill of sale and loan documentation, for the period (year) through the date of production.

33. All evidences of money and property received by the plaintiff by inheritance or gifts during the marriage, including, but not limited to, copies of distribution, receipts in probate signed by the plaintiff or others on her behalf, and all evidence pertaining to the values thereof at the time of receipt and all evidences pertaining to the current values.

34. All life insurance policies that exist or existed at any time from (year) through the date of production which ensure the life of the plaintiff or the children of the parties.

35. All policies of health insurance, health maintenance organization (HMO), contracts, summary descriptions of medical benefits provided by employer or health insurance company premium notices and proof of payment of current premiums and medical identification card for any health insurance, HMO, or similar items providing medical insurance coverage or services for you and your spouse.

36. All appraisals and insurance policies and/or riders referring or relating to all jewelry, paintings, antiques, furniture, collectibles including but not limited to stamp, coin and gun collections and art objects in which the plaintiff has held an interest, either individually or with others, from (year) through the date of production. An itemized list of all such collectibles and an estimated value thereof absent any formal appraisal or insurance coverage.

37. A list of all personal property purchased, sold or exchanged by the plaintiff with a value in excess of $ (amount) from (year) through the date of production.

38. All documents referring or relating to oil leases and/or options in which the plaintiff has held any interest, individually or with others, from (year) through the date of production, including surveys, reports, prospectus and tax options.

39. All evidences of indebtedness reflecting debts owed by plaintiff or owed to plaintiff.

40. All monthly statements, as well as purchaser’s receipts, for any credit card accounts over which plaintiff has the right to make credit purchases for the period (year) through the date of production.

41. Copy of all of plaintiff’s Last Will and Testament, and any Codicils thereto, that was in effect at any time from (year) through the date of production.

42. The Last Will and Testament, Inventory and Final Account filed with the Court for any estate of which the plaintiff was a beneficiary, and copies of all federal estate tax returns and state inheritance tax returns which contain information pertaining to the property inherited by her.

43. Copies of Form 4789, Currency Transaction Report, filed with the Internal Revenue Service during the past five (5) years.

44. Any and all letters, memorandum, documents, drafts, final copies of and other writings relating to the preparation, negotiation or execution of any claimed Pre-Marital or Post Nuptial Agreements.

45. Any and all writings, documents, reports, correspondence, memoranda, photographs, files, audio and video tapes, titles, canceled checks, credit card statements, invoices, bills of sale, photographs, charts, graphs, summaries or other tangible or demonstrative evidence that supports your contentions that (a) you have contributed to the accumulation of marital property, (b) you are the owner of non-marital property.

46. Any and all other documents not previously produced relating to the ownership or value of any property in which you claim any ownership interest.

47. Furnish an Affidavit stating that the production made pursuant to this Notice to Produce is complete in accordance with this request.

§3:36        Custody Cases

In custody cases, discovery can be difficult, because the nature of custody contests is very fact specific, and therefore, the nature of the contest does not lend itself readily to the use of “standard” types of discovery requests. You must, therefore, design your discovery requests to fit the very specific fact pattern that your client presents to you. Therefore, the use of standardized discovery in a child custody dispute is virtually impossible, given the unique issues presented in each of these cases.

Having said that, there are certain types of issues that do commonly arise in nearly every custody contest. These issues relate to allegations of parental misconduct, and the ubiquitous search for which parent has been more “hands on” when it comes to dealing with the children and their day-to-day care. The following set of custody interrogatories is presented with the caveat that more so than any other area of the practice, discovery in custody contests should be very specifically tailored to fit the fact pattern at hand.

Also, some jurisdictions impose strict time frames for the identification and resolution of these types of issues. Therefore, with the client’s assistance, you must identify areas of inquiry early, and you must design the discovery requests to ferret out information thoroughly and quickly. Most commonly, this has to be done through the use of oral (i.e., depositions) as opposed to written discovery. Written interrogatories in contested custody cases are probably not going to generate a great deal of information that is useful to you. I frankly use them infrequently, as the deposition offers a better opportunity to receive and follow up on the information requested here. They should be viewed as nothing more than a stimulus to further inquiry in the depositions of the parties and witnesses.

§3:37        Form: Custody Interrogatories

INTERROGATORIES

1. State your full name, current address, date of birth, driver’s license number, including state, and Social Security number.

ANSWER:

2. Do you own or rent your home? If you rent, when does your lease expire? Also, please describe the physical layout of your home and the room in which the children will sleep and the name of anyone that will share the sleeping quarters with the children.

ANSWER:

3. Why are you seeking custody in this case?

ANSWER:

4. Are you seeking joint or sole legal custody? State with particularity why you believe this is in the children’s best interest.

ANSWER:

5. Are you seeking to be the residential parent? State with particularity why you believe this is in the children’s best interest.

ANSWER:

6. Is spouse a fit and proper person to have the custody of the children? If no, why not? If yes, why? (Name, identify and describe each and every incident which forms a basis for your belief.)

ANSWER:

7. Are you and spouse able to communicate and cooperate with each other regarding the best interests of your children? If no, why not? If yes, why?

ANSWER:

8. Is spouse any danger to your children? If yes, how?

ANSWER:

9. Is spouse a fit and proper parent? If no, why not? If yes, why?

ANSWER:

10. Please list the illness, treatment, and treating physician for any illnesses or infirmities suffered by you within the last five years.

ANSWER:

11. Have you ever been treated for any nervous breakdowns, nervous disorder, substance abuse, or mental illness within the last five years? If yes, provide complete details regarding such conditions and treatment.

ANSWER:

12. Please describe the current status of any treatment, counseling, and/or therapy you are currently receiving.

ANSWER:

13. Please list the names and addresses of any and all schools the children may attend should you obtain custody. Describe in detail any investigation you have done into possible schools the children may attend. Also, in what school do you intend to enroll the children if you obtain custody? Finally, please list the method by which the children will get to and from school.

ANSWER:

14. If you claim to have been the children’s primary caretaker, please describe in detail your basis for such belief.

ANSWER:

15. If you deny that spouse has been the children’s primary caretaker, please describe in detail the basis for such belief.

ANSWER:

16. Please describe your work schedule as it relates to your available time with the children, including a description of day care arrangements.

ANSWER:

17. If the opposing party’s sexual conduct is an issue, please describe in detail the conduct and any effect on the children.

ANSWER:

18. If the opposing party’s use or abuse of alcohol and/or drugs is an issue, please describe in detail the conduct and any effect on the children.

ANSWER:

19. Please state the frequency with which you consume alcoholic beverages or use illegal drugs.

ANSWER:

20. Please describe any and all of your convictions, including case number, county, and state, for misdemeanors or felonies, excluding minor traffic violations.

ANSWER:

21. Please describe any agreement or lack of agreement between you and spouse regarding issues relating to the children (e.g., education, religion, health care, activities, etc.).

ANSWER:


Rory T. Weiler concentrates his practice in family law, with an emphasis on cases involving child custody and more complex economic issues.

Mr. Weiler is a fellow of the American Academy of Matrimonial Lawyers. He is active in his local community, as well as the Kane County and Illinois State Bar Associations, and was recognized by these associations for his service to the indigent in 2001, 2005 and 2011.

Mr. Weiler has served as chair of the ISBA Family Law Section Council, and currently chairs the ISBA Family Law Section legislative committee. He has previously served four terms as the chair of the Kane County Bar Association Family Law Committee.

He has authored numerous articles on family law topics, and has lectured extensively on a broad range of topics, including child custody litigation; financial issues in divorce; and trial practice.

He earned his law degree in 1979 from John Marshall Law School, and practices with Weiler & Lengle in St. Charles, Illinois.