Child support case

applegrap · #1 12-01-2008, 06:44 PM

What is the name of your state (only U.S. law)? My friend lives in Tx and her ex husband is appealing the child support case ( he has not paid a penny for a while) and now he has decided to subpena her new husband's phone records, as well as hers, without a court order. Can he do that?What is the name of your state (only U.S. law)?

LdiJ · #2 12-01-2008, 07:00 PM

Quote:

Originally Posted by applegrap

What is the name of your state (only U.S. law)? My friend lives in Tx and her ex husband is appealing the child support case ( he has not paid a penny for a while) and now he has decided to subpena her new husband's phone records, as well as hers, without a court order. Can he do that?What is the name of your state (only U.S. law)?

What do phone records have to do with child support?

Particularly her new husbands? He is not a party to the case.

applegrap · #3 12-01-2008, 07:12 PM

Apparently he is trying to prove that the new husband is unfit to be around the kids. That maybe he cheats. Her ex is trying to get anything that proves she and her partner are unfit and therefore get the custody. The court judgement against him was for $175k. He really doesn't care to see his kids, and has not paid a penny ever since their divorce.

LdiJ · #4 12-01-2008, 07:17 PM

Quote:

Originally Posted by applegrap

Apparently he is trying to prove that the new husband is unfit to be around the kids. That maybe he cheats. Her ex is trying to get anything that proves she and her partner are unfit and therefore get the custody. The court judgement against him was for $175k. He really doesn't care to see his kids, and has not paid a penny ever since their divorce.

So he is completely going on a fishing expedition? New husband needs his own attorney to file a motion to quash the subpeona for his records, and mom needs to file a motion to quash the subpeona for hers.

Unless dad has actually filed a custody case, he has no business trying to subpeona any records that are not related to child support.

Silverplum · #5 12-02-2008, 12:14 PM

Quote:

Originally Posted by applegrap

What is the name of your state (only U.S. law)? My friend lives in Tx and her ex husband is appealing the child support case ( he has not paid a penny for a while) and now he has decided to subpena her new husband's phone records, as well as hers, without a court order. Can he do that?What is the name of your state (only U.S. law)?

This is but one of many reasons we don't enjoy dealing with 3rd parties. You don't and can't know all the facts of the case, and it's not your case to know, anyway. The bolded items show you haven't read any of their paperwork: you can't subpoena, legally, without court involvement: a subpoena is legally served upon a person, and compels one to court or to a deposition.

If your friend is in trouble, send her here to post and ask questions about her problem/s.

LdiJ · #6 12-02-2008, 01:25 PM

Quote:

Originally Posted by Silverplum

This is but one of many reasons we don't enjoy dealing with 3rd parties. You don't and can't know all the facts of the case, and it's not your case to know, anyway. The bolded items show you haven't read any of their paperwork: you can't subpoena, legally, without court involvement: a subpoena is legally served upon a person, and compels one to court or to a deposition.

If your friend is in trouble, send her here to post and ask questions about her problem/s.

A subpeona to produce records is a little different than that, and if someone was ignorant or deliberately ignorant to the fact that you are not supposed to do it without a valid legal action and reason, they could do it. They would have no way to enforce it if the person declined to respond, but they could fill out the form and send it.

However there is a legal action going...the child support case. However, since those records are totally unrelated to child support, even remotely, the subpeonas need to be quashed.