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Lawyer trying to revisit closed case

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jdmwtf

Junior Member
What is the name of your state (only U.S. law)? IL

Ex's new lawyer is attempting to obtain copious documentation from my employer about my entire work life (pay, promotions- the request was basically for anything pertaining to me) even though our divorce judgement has been entered for over a year, and has specific language excluding any further 'discovery' - basically we both agreed to what we got, and that was it.

He attempted to take me to court for a garnishment, but judge ruled that the direct deposit I established was sufficient. He broached the topic of me paying his fees, but never filed a motion.

Now, I receive a copy of a subpoena asking my employer for all of this info. My gut feeling is that it's about the QDRO, which she was supposed to set up, and hasn't. Her old attorney received all the necessary info about my retirement plans during the divorce, including what she was to receive, etc. I don't understand the need to supply them with some of the same as well as additional information, particularly current balances and such. They have the names of the two plans, as well as my address. What other information could they possibly need?

More importantly, what rights do I have to stop this. I'm very uncomfortable with the idea that she or her attorney are entitled to my financial information, particularly information about my finances SINCE she left me, and since our divorce was finalized.
 


Bali Hai

Senior Member
What is the name of your state (only U.S. law)? IL

Ex's new lawyer is attempting to obtain copious documentation from my employer about my entire work life (pay, promotions- the request was basically for anything pertaining to me) even though our divorce judgement has been entered for over a year, and has specific language excluding any further 'discovery' - basically we both agreed to what we got, and that was it.

He attempted to take me to court for a garnishment, but judge ruled that the direct deposit I established was sufficient. He broached the topic of me paying his fees, but never filed a motion.

Now, I receive a copy of a subpoena asking my employer for all of this info. My gut feeling is that it's about the QDRO, which she was supposed to set up, and hasn't. Her old attorney received all the necessary info about my retirement plans during the divorce, including what she was to receive, etc. I don't understand the need to supply them with some of the same as well as additional information, particularly current balances and such. They have the names of the two plans, as well as my address. What other information could they possibly need?

More importantly, what rights do I have to stop this. I'm very uncomfortable with the idea that she or her attorney are entitled to my financial information, particularly information about my finances SINCE she left me, and since our divorce was finalized.
You are being bullied. You should be used to that by now and know what to do about it.
 

stealth2

Under the Radar Member
You may want to speak with your employer's legal representative. After all - they are the ones under subpoena...

ETA - it is possible the old attorney didn't provide complete files to the current one.
 

Bali Hai

Senior Member
You may want to speak with your employer's legal representative. After all - they are the ones under subpoena...

ETA - it is possible the old attorney didn't provide complete files to the current one.
Anything is possible. It's probable that the attorneys and courts don't have their sh!t together.
 

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