Can ex-wife force ex-husband's current wife to testify againt him?

[mezpin]

What is the name of your state? California.

My mother's husband is currently in the middle of court hearings to adjust support to his ex-wife and children. His ex-wife's attorney managed to get my mother kicked out of the courtroom on the grounds that she might later be called as a rebuttal witness. It was a messy divorce, so I am not sure if that is an honest reason or just designed as a strike against my mother and her husband.

My mother doesn't like the idea of having to wait outside the courtroom for every hearing over the next 8 years until all the kids are grown. The situation has been very stressful and she would like to be there to support her husband in court, so we're looking for options.

So I guess my first question is: can she actually be forced to testify against her husband while they are married? If not, can she just make a stand now and make some sort of declaration that she won't testify so as to rule her out as a rebuttal witness and be let back in court? Or does anyone have any other ideas how to combat this move? Or would it actually be better if she sits out in case she needs to be a witness for him at some point (or should that even be a consideration)?

Her husband's attorney seems competent enough, but doesn't seem like a big idea person and she didn't really have an answer for this. Any help would be greatly appreciated. Thanks!

 

[Gracie3787]

What is the name of your state? California.

My mother's husband is currently in the middle of court hearings to adjust support to his ex-wife and children. His ex-wife's attorney managed to get my mother kicked out of the courtroom on the grounds that she might later be called as a rebuttal witness. It was a messy divorce, so I am not sure if that is an honest reason or just designed as a strike against my mother and her husband.

My mother doesn't like the idea of having to wait outside the courtroom for every hearing over the next 8 years until all the kids are grown. The situation has been very stressful and she would like to be there to support her husband in court, so we're looking for options.

So I guess my first question is: can she actually be forced to testify against her husband while they are married? If not, can she just make a stand now and make some sort of declaration that she won't testify so as to rule her out as a rebuttal witness and be let back in court? Or does anyone have any other ideas how to combat this move? Or would it actually be better if she sits out in case she needs to be a witness for him at some point (or should that even be a consideration)?

Her husband's attorney seems competent enough, but doesn't seem like a big idea person and she didn't really have an answer for this. Any help would be greatly appreciated. Thanks!

Your mother needs to get used to having to wait outside the courtroom. She isn't a party to the proceedings and really doesn't have any place IN the hearings. She can do what I've always done, quietly wait outside the courtroom and support her husband no matter what when he comes out.

It really depends on what she is asked if called as a witness, but typically a spouse doesn't have to testify against a spouse in a CS hearing.

My guess is that she won't be called to testify, it was just as you suggested, a way of the mother's attorney to get her out of the courtroom and attempt to throw her husband off guard.

 

[seniorjudge]

...

My mother's husband is currently in the middle of court hearings to adjust support to his ex-wife and children. His ex-wife's attorney managed to get my mother kicked out of the courtroom on the grounds that she might later be called as a rebuttal witness. It was a messy divorce, so I am not sure if that is an honest reason or just designed as a strike against my mother and her husband.

My mother doesn't like the idea of having to wait outside the courtroom for every hearing over the next 8 years until all the kids are grown. The situation has been very stressful and she would like to be there to support her husband in court, so we're looking for options.

....

Standard operating procedure and not a big deal.

 

[moburkes]

My mother doesn't like the idea of having to wait outside the courtroom for every hearing over the next 8 years until all the kids are grown.

So, she'll need to either wrap her head around this FACT or start divorce proceedings.

 

[mezpin]

Thanks for your help, everyone. I appreciate it.

 

[TinkerBelleLuvr]

Dear mezpin,

I know that your mother may not like it, but that is one of the most brilliant tactics I've ever seen from a lawyer. In fact, I am going to use it to have everyone from my ex's side be totally excluded from MY courtcases with my Stupidhead!

 

[Bali Hai]

Dear mezpin,

I know that your mother may not like it, but that is one of the most brilliant tactics I've ever seen from a lawyer. In fact, I am going to use it to have everyone from my ex's side be totally excluded from MY courtcases with my Stupidhead!

Stop drinking and go to bed!