Documents filed on January 6 in the Orange County Superior Court from Gina’s attorney noted her “opposition to the motion to compel attendance at a deposition, filed by Respondent Matthew Kirschenheiter.”
Matt wants to lower the $10,000 a month he was ordered to pay her for their three minor children and asked her to sit for a deposition in the case.
Gina refused to do so, citing their on-going domestic violence case as the reason not to have her deposition taken, claiming he could use information from the legal proceeding against her in the domestic violence case, reports Radar Online.
“Is this court to pretend that Respondent will not obtain information useful to his criminal defense at a civil deposition about the pending domestic violence allegations? How can this court make any orders permitting the deposition of Petitioner as the pending domestic violence allegations while also ensuring that it affords Petitioner her constitutionally guaranteed rights not to be deposed in connection with the ongoing criminal action?” Gina’s attorney wrote in the documents.
“When Respondent obtains information useful to his ongoing criminal defense at a deposition of Petitioner on the issue of domestic violence, is Respondent precluded from sharing the same with his retainer criminal counsel, Attorney Katherine Corrigan and Attorney Thomas Edward Welbourn?”
Gina, via her attorney, agreed to give her deposition after Matt’s criminal case is concluded.
“Petitioner will agree to sit for her deposition on all other pending issues; namely, Petitioner will agree to be deposed in connection with Respondent’s pending request for order for modification of child support and spousal support, et seq.,” the documents obtained by Radar Online stated.
“Further, should Respondent wish to take Petitioner’s deposition at the conclusion of his criminal matter, Petitioner will agree to be deposed relative to the domestic violence matter now pending.”
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