Marriage of McCarty CA4/3
This isn’t so much a family law spousal support modification case as it is a discovery case. The parties disputed a fact: Did, or did not, Joan McCarty (Joan) get married in Mexico to Juan Lucero in 2013? Joan testified she did not, but her ex-husband, James McCarty (James), presented a certificate of marriage from a church in Mexicali showing she married Lucero on January 19, 2013.
There was one piece of easily obtainable evidence that might have impeached Joan’s testimony and confirmed that her nuptials to James McCarty were a remarriage: her tax return for 2013 which probably would have revealed her marital status for the year. There is no dispute James asked for Joan’s tax return for that year (as well as for the years 2014 and 2015) as early as November 2015, and was assured by Joan’s counsel right up through 2016 that there indeed was a 2013 return and it would be produced.
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