Is this legal?

[NITM]

What is the name of your state? State of California.

The Dept. of Child Support Services told me that the custodial parent (mother) is not legally allowed to supeona personal info from the non-custodial father's workplace (on her own) when there is no court date pending. Not only is there no court date pending, but no child support issue either, which DCSS has attested to. The father has never even been late for the 12 years he's been paying CS, but this is the mother's way of constantly harassing us. DCSS has also denied her requests for modification twice in the past few months. The mother has been a living nightmare and we're thinking of filing a restraining order, but I need to know if the above is true for sure.

Thanks!

 

[BelizeBreeze]

And who are you in all of this?

 

[Gracie3787]

What is the name of your state? State of California.

The Dept. of Child Support Services told me that the custodial parent (mother) is not legally allowed to supeona personal info from the non-custodial father's workplace (on her own) when there is no court date pending. Not only is there no court date pending, but no child support issue either, which DCSS has attested to. The father has never even been late for the 12 years he's been paying CS, but this is the mother's way of constantly harassing us. DCSS has also denied her requests for modification twice in the past few months. The mother has been a living nightmare and we're thinking of filing a restraining order, but I need to know if the above is true for sure.

Thanks!

A subpoena for financial records is a discovery request, and a discovery request can ONLY be done when a motion, petition. or hearing is pending.

So, yes what you were told is true- no one can LEGALLY serve any subpoena in such a situation.

 

[NITM]

Thank you

Thank you so much for your reply - that helps a lot. My husband also filed an objection to her subpoena, which should stop it. There's nothing she'd find out that she doesn't already know, but it's the point of the whole thing that matters.

By the way, I am the wife of the non-custodial father in this case and I help him with all his correspondence and legal paperwork.

 

[NITM]

I mean "served" an objection to her subpoena, not "filed".