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subpoena work records

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bham

Member
so... xwife has me in court again for several false allegations. It's been going on 2 years as we position for court I guess. She's wanted to dismiss but I will not as this is 3rd time in 6 years and I'm not settling or dismissing, we're going in front of judge. I'm not trying to change anything, she wants to reduce my custody and increase support of course. She's since wants to do depositions....all of sudden. which is fine but again I'm just defending myself at this point.

In the last 6 months she told me she left her job. A 6 figure job she's been at for 10 years. My lawyer calls yesterday to say her lawyer called and she got fired from her job. Why would she tell him that? So my lawyer probably tells her lawyer that he's going to subpoena her work records to find out way. We discussed this but I told my lawyer that if it isn't a custody battle then screw it. Her lawyer tells my lawyer my xwife has a confidenciality agreement that probhibts the release of her work records. My lawyer tells me her lawyer is filing paperwork in court to prohbit us getting the work records. My lawyer says if she does this then he's going to file something in court so the judge can determine if the records need to be released. Does this sound right? Why wouldn't he subpoena her work records and let the southern company (where she works) tell him no....then simply file in court to get them. Why would her lawyer even file anything....

Although I'm not filing for custody unless there's a solid case I think he's trying to figure our if there is...somthings not right here. There are other considerations too that lean towards actually filing for custody.
 


stealth2

stealth2

Under the Radar Member
What do you/your lawyer think this will accomplish? Besides higher legal fees, that is.
 
S

single317dad

Senior Member
The State of Alabama maintains "a policy of encouraging both parents to seek and maintain employment to help support their child." Given that public policy, I would argue that the reason for Mom's unemployment is irrelevant, but that her duty to her children is to get her butt back to work instead of trying to pin the shortfall on their father.

I am, however, curious as to why you wish to proceed when you're not asking the court for anything. What's the point, to somehow embarrass her?
 
B

bham

Member
My ringer of a lawyer says so, that's why he's getting records. In the process of defending myself, I"m showing she's in so much contempt while all the false allegations are actually what she's doing. Child missed 24 days of school last year, she's 8, because of "allergies." Not once did she miss school on my time, as she took an allergy pill and off she went. She's going to say that she missed work as she had a sick child at home... I suspect this all heading to take custody from her, which my wife and I have discussed as we have a 3 year old too. I got her "shrink" records, but haven't looked at them yet and in fact my lawyer hasn't either I just learned two days ago also. So this week I'll read them myself and see what it says. If she is a border line, narrcisist, or bi polar then the fighting with first grade teacher, putting words into Dr's mouths, false allegatons, etc will all make sense. She can't even give me receipts so I can pay back medical and extraculleculers....so there's a lot going on that doesn't make sense.

single317dad said:
The State of Alabama maintains "a policy of encouraging both parents to seek and maintain employment to help support their child." Given that public policy, I would argue that the reason for Mom's unemployment is irrelevant, but that her duty to her children is to get her butt back to work instead of trying to pin the shortfall on their father.

I am, however, curious as to why you wish to proceed when you're not asking the court for anything. What's the point, to somehow embarrass her?
Click to expand...
 
stealth2

stealth2

Under the Radar Member
LdiJ said:
No kidding...it sounds like a couple of attorneys have nice college funds for their kids thanks to the OP.
Click to expand...
I'm thinking this one is looking for a nice new truck with the fishing trips.

I feel sorry for all the kids involved.
 
P

Proserpina

Senior Member
Dad? You are no better than Mom and frankly you both should be ashamed of yourselves. Neither of you are thinking of the kids here - you've made it crystal clear that the focus isn't actually on what might be best for them.

Go fund another attorney's retirement home in the Seychelles and while you're at it, hope that one day your children might forgive you.
 
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