Request for Protective Orders/Quash Subpoena

[ProPerDoper]

What is the name of your state? CA

Will the Court consider the subpoena served by me on my ex's employer an issue currently pending before the court?

Background: My ex filed once again (18th time) for modification of child support. I have primary physical custody of our two young kids. I immediately served a subpoena for all personnel records on her ex employer. She then filed a motion to quash, requesting protective orders. Her argument is weak.

The hearing first came on in another county where I requested a set aside of the support registration that she filed there. Her attempt was to change venue. (Long story...I'll spare you) My request for set aside was granted, entire matter remains in my county as result.

The hearing in my county then came on two days later on mod of support. I opposed, pointing out that she had not complied with Ca Rules of Ct. or Local Rule for full financial disclosure. Court agreed and denied her request to modify, stating that if she wanted the court to consider support, she could refile properly and abide by the requirements which apply to all.

Hearing is pending now on her request to quash subpoena/protective orders. My position is that support is always before the court, even though no motion for support is pending, (she has not refiled...but she will) and law says she has responsibility to support her kid by maximizing her earnings capacity according to her stage in life. Her current desire is to move some 6 hours away to a small town where her parents live, and eventually attempt to get the kids to say they want to come live with her. She's leaning on them already. (Unfortunate, but really....not something anyone has control over)

My response to her request to quash will be to request an order directing her ex employer to comply, as was granted to me by another judge in the past, given the fact that this judge will undoubtedly be faced with a decision on support, and her earnings capacity, along with consideration of whether or not her move to a rural area with fewer opportunities for employment in her profession is done in the best interests of the kids. At a minimum I will request that if the court grants her request, that it be done without predjudice as support will shortly be pending before the court once again.

What else should I be considering here? Additional thoughts/advice please?

 

[LdiJ]

I am a little confused.

Are you saying that you have subpeona'd employment record from her former employer, when there is no current motion to modify support before the court?

Are you also saying that you somehow expect to be able to block her from moving, even though she would be moving without the children?

If so, you can't do either of those things. She will win the motion to quash, and maybe even get the judge to consider it to be harassment, and she will be able to move if she likes.

Now, if she files a motion to modify child support, based on a new and lower income, you would be able to argue that she should be imputed the same income she had formerly....and that would likely fly. You could also likely be successful in defending any attempt to modify custody.

However, you are currently going about things in a very wrong manner.

 

[ProPerDoper]

Let me clarify:

Thanks for the response.

When I subpeona'd her ex employer, there was a motion pending to modify support. I prevailed with my opposition, and her request to modify was denied.

There is now no motion pending to modify support. She will most certainly file one after the upcoming hearing, hoping to prevail with her request for protective orders. Maybe I should simply request the matter be continued until after she files once again to modify?

I don't expect to block her move at all, as I understand that the court cannot do this. I'm whining about how her moving is not good for the kids, and expressing my fears given the manipulation that she will attempt in order to gain custody. It's not the outcome I fear, it's the process, and the burden on the kids. I don't believe that her move will provide her with the required change of circumstance needed to justify a motion to modify custody.

Your position that I'm going about this in a very wrong manner is exactly why I post here, hoping now that after my clarification above you or others can provide some additional perspective.

Thanks!

 

[LdiJ]

Thanks for the response.

When I subpeona'd her ex employer, there was a motion pending to modify support. I prevailed with my opposition, and her request to modify was denied.

There is now no motion pending to modify support. She will most certainly file one after the upcoming hearing, hoping to prevail with her request for protective orders. Maybe I should simply request the matter be continued until after she files once again to modify?

I don't expect to block her move at all, as I understand that the court cannot do this. I'm whining about how her moving is not good for the kids, and expressing my fears given the manipulation that she will attempt in order to gain custody. It's not the outcome I fear, it's the process, and the burden on the kids. I don't believe that her move will provide her with the required change of circumstance needed to justify a motion to modify custody.

Your position that I'm going about this in a very wrong manner is exactly why I post here, hoping now that after my clarification above you or others can provide some additional perspective.

Thanks!

Since the motion to modify support was denied, your subpeona was no longer valid. You can't simply go on seeking information based on the fact that you believe that sometime in the future she will file another motion to modify. It really can be considered to be harassment for you to do that. You should agree to quash the subpeona.

As far as her move is concerned, cooperate with setting a new parenting schedule based on the distance, and go on with life. Worry about her filing for custody, when and if that actually happens.

 

[ProPerDoper]

Good advice....thank you.

When your kids mean so much, it does become difficult to focus on today, and not worry about future threats.

If I agree to quash the current subpeona, how do I do it without predjudice in the future? By Stipulation? (She'll not agree with anything I propose)

Can I simply write a response that says I'll agree to her request to quash, but not protective orders as to future subpeona's served after new motions/requests to modify support?

 

[Ozark_Sophist]

The order to modify was not denied. It appears to have been dismissed for lack of jurisdiction.
Do not agree to "squash." Withdraw the subpoena until such time as she files for a motion to modify support in the proper court.

 

[ProPerDoper]

Actually, her support motion was denied.

If you read my original post, venue was first heard in one county, and modification in another. (The same county where her motion and request for protective orders is pending) Modification was denied as she hadn't complied with rules for financial disclosure required for the filing of a support motion.

I like the idea of a withdrawl until she files another motion though....