Ex- wife refusing to pay. Can I subpoena domestic flight records? How?

[tom55]

What is the name of your state (only U.S. law)? California


My ex-wife has refused to pay on her half of a marital debt and repay money she took that wasnt hers to take (court ordered).
This has been going on for the last 6 years. She makes a 6 figure salary and has the ability to pay. also, she made $180k in the sale of property and says its all gone within a year.
We have recently been back to court and the new orders have been violated AGAIN.
She said she cant pay but I know for a fact she has been going to Hawaii between 2-5 times a year.
I would like to show the court that her inability to pay is more like unwillingness to compromise her lifestyle.

From research on the net it seems I will need a "blanket subpoena" that includes all the airlines that have service to Hawaii from the two local airports.
Question is... Is this multiple individual subpoenas or one subpoena that includes multiple airlines?

 

[Just Blue]

What is the name of your state (only U.S. law)? California


My ex-wife has refused to pay on her half of a marital debt and repay money she took that wasnt hers to take (court ordered).
This has been going on for the last 6 years. She makes a 6 figure salary and has the ability to pay. also, she made $180k in the sale of property and says its all gone within a year.
We have recently been back to court and the new orders have been violated AGAIN.
She said she cant pay but I know for a fact she has been going to Hawaii between 2-5 times a year.
I would like to show the court that her inability to pay is more like unwillingness to compromise her lifestyle.

From research on the net it seems I will need a "blanket subpoena" that includes all the airlines that have service to Hawaii from the two local airports.
Question is... Is this multiple individual subpoenas or one subpoena that includes multiple airlines?

How do you know for a "fact">? Do you have an attorney?

 

[tom55]

I had 35% custody of our children (almost every weekend and all summer)
She wouldnt be around when I would go pick them up and when I would ask where she is they would tell me.
Also them showing me pics she texts them while over there.
Her telling me a an ordered payment would have to wait till she got home from Kauai...

But she tells the court she hasn't gone.

 

[tom55]

My daughter now lives with me.

 

[LdiJ]

I had 35% custody of our children (almost every weekend and all summer)
She wouldnt be around when I would go pick them up and when I would ask where she is they would tell me.
Also them showing me pics she texts them while over there.
Her telling me a an ordered payment would have to wait till she got home from Kauai...

But she tells the court she hasn't gone.

I am not at all sure that the airlines could even provide you what you want, unless you know exactly what flights she was on, with what airline.

 

[tom55]

I believe they do keep records.. Especially post 9/11. From what I've gathered it would have to be a "blanket subpoena" Include all the airlines that have service to Hawaii from our local airports.

I cant afford any more Lawyers.

 

[LdiJ]

I believe they do keep records.. Especially post 9/11. From what I've gathered it would have to be a "blanket subpoena" Include all the airlines that have service to Hawaii from our local airports.

I cant afford any more Lawyers.

I am not saying that they do not keep records. I am saying that the records may not be kept by name. Therefore the airline might have to search every individual flight manifest for your ex's name. If that is the case, every airline will fight the subpeona tooth and nail.

 

[tom55]

Name, birth date, dl # shouldnt be too hard you would think.

 

[LdiJ]

Name, birth date, dl # shouldnt be too hard you would think.

Get a consult with a local attorney as to the feasibility of what you want to do.

 

[stealth2]

How will you prove that she's paying for the trips?

 

[tom55]

Thats the rub. Ive asked a couple attorneys before and they didnt know how to approach it. Pay for the consult just for them to say Id have to retain them to investigate. This was last year. My last attorney even took money to subpoena bank records for an auto loan and showed up to court empty handed and didnt even file. At this point I think I really couldnt do worse.

 

[tom55]

How will you prove that she's paying for the trips?

How would she prove shes not? Her new husband was out of work and she was making $120k+ a year.

 

[AdjunctFL]

How would she prove shes not? Her new husband was out of work and she was making $120k+ a year.

Even that salary, with an unemployed husband, will not support 2 - 5 trips to Hawaii. What business is she in. If she's making $120k+ a year, how do you know whether or not they are business trips.

 

[tom55]

Shes an RN at a hospital. Not a travel nurse. Hawaii is her "thing"

 

[tom55]

Even that salary, with an unemployed husband, will not support 2 - 5 trips to Hawaii. What business is she in. If she's making $120k+ a year, how do you know whether or not they are business trips.

Its not THAT much money. She had a mortgage of about $1200 from her I&E. Also I think her new husband was bringing in $3000 plus due to work comp/disability. also per I&E. From SFO-OAK to Hawaii for a week can be pretty reasonable if you stay away from 5 star hotels.