Is Subpoena Active or Dormant?

[ProPerDoper]

What is the name of your state? California

I was served with a Notice of Motion and request to modify child support by my ex. For perspective, I have primary physical custody of our two minor children, yet I pay support due to the significant difference in our incomes.

She was allegedly terminated by her employer in February 08, and subsequently filed for modification. I imediately served a subpoena for production of business records on her ex employer. She filed a motion to quash to subpoena, and request for protective orders.

Her motion for modification was first heard, and denied. She had not complied with Local Rule or Ca Rules of Ct. for full financial disclosure as required. I argued that she was hiding her actual income status.

Then her quash motion and request for protective orders was heard and also denied.

There is currently no action pending.

Question is: Is the subpoena that I served on 3/28/08 still active even though no action is pending? Any problem with me serving a copy of the OAH where her quash motion was denied on her employer and requesting compliance?

In anticipation of the question why? I'm certain that it's only a matter of time before she files for modification again, and having her past employment records to determine why she was terminated, what her income capacity in her chosen profession was, and the amount of her severance package sooner rather than later is helpful in future/expected actions.

 

[LdiJ]

What is the name of your state? California

I was served with a Notice of Motion and request to modify child support by my ex. For perspective, I have primary physical custody of our two minor children, yet I pay support due to the significant difference in our incomes.

She was allegedly terminated by her employer in February 08, and subsequently filed for modification. I imediately served a subpoena for production of business records on her ex employer. She filed a motion to quash to subpoena, and request for protective orders.

Her motion for modification was first heard, and denied. She had not complied with Local Rule or Ca Rules of Ct. for full financial disclosure as required. I argued that she was hiding her actual income status.

Then her quash motion and request for protective orders was heard and also denied.

There is currently no action pending.

Question is: Is the subpoena that I served on 3/28/08 still active even though no action is pending? Any problem with me serving a copy of the OAH where her quash motion was denied on her employer and requesting compliance?

In anticipation of the question why? I'm certain that it's only a matter of time before she files for modification again, and having her past employment records to determine why she was terminated, what her income capacity in her chosen profession was, and the amount of her severance package sooner rather than later is helpful in future/expected actions.

You have absolutely no basis for obtaining any information from her employer. Your case is over. Her modification was denied.

In fact, serving that subpeona on her employer now could even constitute fraud.

 

[ProPerDoper]

That clears it up...

Your direction makes it possible for me to avoid making a huge mistake out of inexperience.

Thanks.

ps: I should add that the judge invited her to re-file and comply fully with the requirements for financial disclosure along with her moving papers. So it ain't actually a done deal. But when is it ever....until the kids are grown.