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Invasion of Privacy/submitting checks, deposit slips?

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bluesingincat

Junior Member
What is the name of your state? Wisconsin.

I have to appear in court in the state of Tennessee for a motion to collect back support from my ex. He has not paid child support for our son in 9 years. His attorney filed a Defendent's request to produce documents in which I an being asked to submit all bank statements, written checks and deposit slips to any bank accounts in my name or in which I have access. The request also asks for my federal income tax returns for the years 1996 through 2004 and a copy of my most recent pay check stub. I have no problem submitting my tax returns or my pay check stubs, but I feel submitting my written checks,deposit slips and bank statements would be an invasion of my privacy. Am I obligated to submit this information? Am I protected under any constitutional rights to privacy? I need to know these things because I only have one more week before the answers have to be submitted to his attorney.
Thank you.
:eek:
 
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bluesingincat

Junior Member
Contempt?

That's interesting. Whom would have access to this information? Would my ex have access to it? If so, what would be my recourse? Isn't there a "Right to Financial Privacy Act"? If so, am I still obligated to submit these documents, or face the possibility of a contempt charge? If not, do you have any idea why am I being asked to submit these documents (I am not being sued for back support) I have submitted a true and accurate accounting of all my wages and earnings. What do you think the real likelyhood is that the judge would hold me in contempt if I believe my privacy is being invaded and my civil rights are being breeched? Also, what are the possible penalties for a civil contempt charge, enforceable by the court?

Thanks for your reply!
 
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bluesingincat said:
That's interesting. Whom would have access to this information? Would my ex have access to it? If so, what would be my recourse? Isn't there a "Right to Financial Privacy Act"? If so, am I still obligated to submit these documents, or face the possibility of a contempt charge? If not, do you have any idea why am I being asked to submit these documents (I am not being sued for back support) I have submitted a true and accurate accounting of all my wages and earnings. What do you think the real likelyhood is that the judge would hold me in contempt if I believe my privacy is being invaded and my civil rights are being breeched? Also, what are the possible penalties for a civil contempt charge, enforceable by the court?

Thanks for your reply!
Where is your attorney?
 

bluesingincat

Junior Member
No attorney

I cannot afford an attorney. My case was started by the Wisconsin Department of Child Support Enforcement. In turn, the Tennessee CSE decided to take on the back arrearage. My case is too complicated to go in to detail here, but my ex is an attorney and our original divorce decree was prepared by his law firm and is contractual only. I was not aware of this until a year and a half ago. Meaning, it cannot be enforced through family court. I just wanted to know if I am protected by the Right to Financial Privacy Act?
 

BelizeBreeze

Senior Member
bluesingincat said:
I cannot afford an attorney. My case was started by the Wisconsin Department of Child Support Enforcement. In turn, the Tennessee CSE decided to take on the back arrearage. My case is too complicated to go in to detail here, but my ex is an attorney and our original divorce decree was prepared by his law firm and is contractual only. I was not aware of this until a year and a half ago. Meaning, it cannot be enforced through family court. I just wanted to know if I am protected by the Right to Financial Privacy Act?
And you received that answer, which is no.
 

bluesingincat

Junior Member
Why?

Why am I not protected by the act? Who is protected? Why was such an act legislated if not for every citizen's rights? Do you know?
I forgot to add that your attitude sucks. You haven't answered my question, or even come close to revealing an understanding of what I am asking.
 
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bluesingincat

Junior Member
Thanks LawStudent!

Thank you for the links. I appreciate it. I have been thinking about this issue and reading about it quite a bit these last few days. I have posted a reply to this very same issue on another board. I will copy and paste it here for you.
Good luck with your education!
Peace.
<If the opposing attorney wants to subpoena my records from the bank, he has the legal right to do so. BUT, he must meet and prove, the requirements of the exceptions to the right to financial privacy act. The only exceptions that apply would be if:

1. I authorize the release of records, ( no way )

2. there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry; ( law enforcement doesn't apply to civil court)

3. The records are part of a search warrant or arrest warrant procedure.(nope)

Even if a subpoena is issued, I have the right to quash it, as long as I do it within 14 days. I have been investigating this issue and I have discovered many things. I personally beleive that producing my bank statements and/or cancelled checks is an invasion of my privacy. Those records don't merely reflect monies, but are records of one's intimate life and record much of what a person does from day to day. I don't have to be "hiding" something to feel I have had my privacy breeched. If I were earning money "under the table", that would be illegal. If the opposing attorney has reason to believe I am breaking the law, then he must provide some evidence as to why he beleives so, to support his request to subpeona my records. The only exception to the privacy act that he would have available to him, would be suspicion of a illegal act on my part in regards to my income. He has no such evidence to support his suspicion. He has never met me. My ex has nothing to base such a belief on either. I live humbly. I am a law abiding citizen with no record of arrest or suspicion. The financial privacy act was enacted for good reason. If my neighbor owed me money from a contractual agreement between us,and he told me he was unemployed and could not pay, but I saw him bring home a mercedes one day and watched as he remodeled his home from top to bottom the next, I would have some evidence to bring in to court to support my request to have his bank records subpeoned. BUT, if he merely didn't pay, proving through his tax returns that he was indeed unemployed, and I requested a subpeona to be signed my the officiating judge because " He might be making money on the side", the judge would laugh me out of court. That's why the act uses specific terms, such as law enforcement investigation. In order for law investigation to take place, there must be a breech of the law, or evidence of a breech. I think you guys are great, though. It is really helpful to hear opposing views.
 

BelizeBreeze

Senior Member
bluesingincat said:
Why am I not protected by the act? Who is protected? Why was such an act legislated if not for every citizen's rights? Do you know?
I forgot to add that your attitude sucks. You haven't answered my question, or even come close to revealing an understanding of what I am asking.
My attitude has nothing to do with it. I suggest you tread very lightly. You are entering an area of law that you have absolutely no idea about.

And while you're at it, you tell me what will happen when that 'request' turns into a subpoena?
 

bluesingincat

Junior Member
Tread lightly?

BelizeBreeze said:
My attitude has nothing to do with it. I suggest you tread very lightly. You are entering an area of law that you have absolutely no idea about.

And while you're at it, you tell me what will happen when that 'request' turns into a subpoena?
Ok. While we are at it, Why can't you answer my questions? I understand you are not obligated to respond to my posts, and I appreciate responses that inform. For instance, if you are an attorney, what you know about the right to financial privacy act would have been helpful. To simply say "You got your answer", without addressing the 3 or 4 other inquiries within the post, reflects a stubbornness and an unwillingness to be open minded. The law is ambiguous at best. It is a coat that's worn by many different sizes. It must be adjusted for "best fit" at times. Attorneys set precedents within the law that changes the letter of the law when that precedent is used to argue future cases. An attorney who is unwilling or unable to set a precedent, relying solely on "whats on the books", is not an attorney who wins many cases. I understand that there are times when the law is black and white, but most of the time this isn't the case. What will I do when I'm served with a subpeona? I will quash it. If you read the previous post, the prerequsite for obtaining a subpeona to open financial records requires certain criteria to be met. Basically, the opposing attorney is required to show good reason for having the records opened and the reason must be specific. Since I know there are no specific reasons or any evidence that support a likelyhood of illegal or dishonest activity on my part, I doubt my ex's attorney will go there. Just my opinion, mind you. I posted on your attitude because many people who post questions here are looking for support. You were hardly supportive. Any layman could have answered my post as you did. Like I said, you don't have to respond to any post. If a poster annoys you with questions you don't have answers to, or you don't feel like giving thoughtful answers to, it would be more polite to just say so, or don't respond.
 

makaha

Junior Member
I am by no means a lawyer, but I have had alot of dealings with civil court lately and what you do not understand (obviously) is that the courts, not your opinion, make the rules. One of your posts (the quotes from the legal sites) you say, "law enforcement doesn't apply in civil court." I hate to tell you, but with back child supprot it does. You can be jailed for non-payment of back child support, which makes it a law enforcement issue.

If your states CSE will not assist you in this, you may wind up getting a lawyer. You MIGHT be able to postpone the court date and submission of any documentation if you decide to do this because the court cannot refuse to allow you a rasonable amount of time to find a lawyer.

P.S. If you think that the attitude of BelizeBreeze suck, just wait until a judge informs you that the court is not required to explain an answer, you must accept the answer like it or not.
 

bluesingincat

Junior Member
The law is not my opinion

Thanks for your opinion, but I wasn't submitting my opinion in regards to the criteria for exceptions to the right to financial privacy act.. I was stating facts about the financial privacy act. I am not the one in arrears, therefore, I have done nothing illegal. The act can be interpreted in a variety of ways, with many nuances. I will abide by whatever the judge orders. That's it. Believe me, I do have rights in this and I have the privilege to exercise those rights. Since when does exercising your rights amount to making law out of an "opinion"?
 

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