New spouse modification question

[tmmo6578]

What is the name of your state? Ohio

My husband is NCP of 2 children from a previous marriage. He and I (his new wife) have 1 child together. He and his ex are currently in court to modify the child support order. Yesterday I found out that his ex's lawyer issued a Subpoena Duces Tecum directly to my employer for "information regarding wages, overtime, hours worked and position held" last month. No information was ever requested of me directly (from the courts or by his ex) and I had no knowledge that this subpoena existed until his lawyer sent him a copy of all my earnings, taxes, and benefits information since well before he and I were even married. I have 2 questions: Is it legal for the ex's lawyer to subpoena my information when i'm not a party to the case and without my knowledge? Can they ask for and/or use this information in court for this modification. His ex works and he does not pay spousal support.

 

[critterperson]

What is the name of your state? Ohio

My husband is NCP of 2 children from a previous marriage. He and I (his new wife) have 1 child together. He and his ex are currently in court to modify the child support order. Yesterday I found out that his ex's lawyer issued a Subpoena Duces Tecum directly to my employer for "information regarding wages, overtime, hours worked and position held" last month. No information was ever requested of me directly (from the courts or by his ex) and I had no knowledge that this subpoena existed until his lawyer sent him a copy of all my earnings, taxes, and benefits information since well before he and I were even married. I have 2 questions: Is it legal for the ex's lawyer to subpoena my information when i'm not a party to the case and without my knowledge? Can they ask for and/or use this information in court for this modification. His ex works and he does not pay spousal support.

Yes they can...We just did this to my ex's girlfriend/wife (not sure if they are married)...If there is reason to believe that your husband is not being honest with his income they can see if he is hiding it with you...They can't use your income, so I would guess that they are trying to determine his "true" income... The reason they don't notify you is because if you had something to hide you may try to quash the subpeona...If you aren't helping your husband "hide" anything I wouldn't worry about it...If you are helping him hide income good luck explaining it to the judge

 

[tmmo6578]

Yes they can...We just did this to my ex's girlfriend/wife (not sure if they are married)...If there is reason to believe that your husband is not being honest with his income they can see if he is hiding it with you...They can't use your income, so I would guess that they are trying to determine his "true" income... The reason they don't notify you is because if you had something to hide you may try to quash the subpeona...If you aren't helping your husband "hide" anything I wouldn't worry about it...If you are helping him hide income good luck explaining it to the judge

I guess that I don't understand how I could possibly be "hiding" anything that has to do with HIS income in MY wages (as in my direct paycheck from my employer)? They have his pay stubs from the past 6 months, our bank statements, and his last 4 years of tax forms. These documents were requested by the courts when the modification first started. And isn't it legal to "quash" on the grounds that my position, wages and overtime have nothing to do with his modification of a Divorce case with his ex-wife? This isn't a civil case.... it's a divorce case. Regardless, my understanding of Ohio law is that my income is my income. Any information that they would need is in the tax forms that we submitted to the courts. If there was a subpoena issued for bank account info or something along those lines i would understand but how in the world is my income information even relevent? Additionally, my mother's name (as beneficiary of my work life insurance policy), my social security number, my employee ID number, how much maternity leave I took, how much vacation I'm entitled to and so forth was included in the report. I really don't feel like anybody, much less my husband's ex needs to know this information.

 

[critterperson]

I guess that I don't understand how I could possibly be "hiding" anything that has to do with HIS income in MY wages (as in my direct paycheck from my employer)? They have his pay stubs from the past 6 months, our bank statements, and his last 4 years of tax forms. These documents were requested by the courts when the modification first started. And isn't it legal to "quash" on the grounds that my position, wages and overtime have nothing to do with his modification of a Divorce case with his ex-wife? This isn't a civil case.... it's a divorce case. Regardless, my understanding of Ohio law is that my income is my income. Any information that they would need is in the tax forms that we submitted to the courts. If there was a subpoena issued for bank account info or something along those lines i would understand but how in the world is my income information even relevent? Additionally, my mother's name (as beneficiary of my work life insurance policy), my social security number, my employee ID number, how much maternity leave I took, how much vacation I'm entitled to and so forth was included in the report. I really don't feel like anybody, much less my husband's ex needs to know this information.

Did your husband do a financial affidavit for court (basically tell the court that these are my bills)? If he is claiming very high bills but a much lower salary, they may be looking to see if your income would cover them... What does your husband do for a living?...My ex works on cars both full time and on the side (the work on the side he was hiding)... By chance does your husband preform a job that could possibly be done on the side as well... like a carpenter, electrician or mechanic???
Yes it is legal to attempt to quash a subpeona but you have to know about it and after they have gotten the info you can still try to prevent them from using it...BUT if there is anything in there that would help prove what they are attempting to prove the judge would probably ignore your argument, and allow them to use the information obtained if it is relevant to their case...As far as tax forms it is not uncommon for a person to "fudge" their tax returns especially the self-employed...My ex failed to mention almost 40K on his taxes(to avoid paying a higher child support amount) and I know he isn't the only peach on the tree...

 

[Ohiogal]

Critter has the reason.
If his income doesn't cover all of the bills plus child support they need to see where YOUR income is coming from to make sure he isn't hiding any money.

 

[tmmo6578]

The ORC Computation worksheet for determining child support doesn't even take into consideration any bills with the exception of the cost of medical insurance, which was noted on the pay stubs of his that we already submitted. Additionally, his ex wife selected the plan that the children were enrolled in. He's required to pay all of the out of pocket medical expenses and carry the insurance coverage. The initial paperwork and the bills have all gone to her....she's well aware of the cost involved in that. We haven't submitted any other information regarding our bills or anything of that nature. She's refuting the proposed child support as issued directly from the CSEA from their calculation worksheet. We haven't voiced any concern regarding our ability to pay our bills AND child support or the child support calculation at all. She just wanted my income info for her own purposes. And now,she has it and additional information and I was never given the opportunity to request removal of my SSN or my mother's contact information from the information that she received before it was too late. That just isn't right.

 

[tmmo6578]

And how did you determine that your husband was hiding 40K from his girlfriend's wage report? I can't see how that one document could possibly disclose that information.

 

[critterperson]

And how did you determine that your husband was hiding 40K from his girlfriend's wage report? I can't see how that one document could possibly disclose that information.

We used her wage report to compare it to her personal checking deposits she had 40k in her checking that did not match her wages...

 

[tmmo6578]

That's a wage report AND bank statement. The wage report alone would have told you nothing except how much his girlfriend makes.

 

[critterperson]

That's a wage report AND bank statement. The wage report alone would have told you nothing except how much his girlfriend makes.

Correct! Have they done any other subpeona's that you are unaware of as of yet? Do you have a car payment or any other loans in which you had to fill in income information? You never did indicate if your husband worked a job that could be done as a side job...

 

[tmmo6578]

My husband works at a chemical company...as a plant supervisor. He does not do any work on the side (and I'm pretty sure that both the EPA and OSHA would have a problem with him doing so in his line of work). We don't have a car loan as both of our vehicles are well over 10 years old and both loans were paid off 4 1/2 years ago....before my husband and I were married. This information is reported on our credit reports. We have one bank account- it's joint and statements were sent to the court in the initial inquiry. The only deposits, without exception, over the past 4 years have been direct deposits of our paychecks (already documented by the courts) and 4 IRS refund checks from the past 4 years (all less than $1000). She has no reason to believe that there's more money anywhere. There isn't and more importantly there isn't any evidence that would indicate that information such as my "position held" or "overtime worked" could provide evidence of some secret stash that he has hidden somehow in my wages. That's ridiculous. Our bank statements have not been subpoenaed unless that is happening today. He goes to court on Thursday. This other info was subpoenaed on April 7th. The subpoena was unwarrented.

 

[tmmo6578]

How would you have to fill in income information on a loan? Have you seen the OH child support calculation worksheet? There's nothing included on there with respect to bills, loans or any other type of cash outflow except health insurance cost and city taxes. Nothing like that has been taken into consideration, requested or disclosed.

 

[legal citizen]

She just wanted my income info for her own purposes. And now,she has it and additional information and I was never given the opportunity to request removal of my SSN or my mother's contact information from the information that she received before it was too late. That just isn't right.

No legal advice -- just my reaction to reading something that sounds unbelievably unfair and dangerous.

I agree this should not be legal. Now at least 4 people who shouldn't have this info (ex, ex's spouse, ex's atty and OP's atty) have this info. Not to mention all the other people who's hands it may have passed through on the way. Doesn't this leave OP and her mother open to nasty things like identity theft???!?!?!?

If these documents are legal to have subpoenaed, the other information should have to be blacked out, ssn's, mother's information.

 

[Ohiogal]

How would you have to fill in income information on a loan? Have you seen the OH child support calculation worksheet? There's nothing included on there with respect to bills, loans or any other type of cash outflow except health insurance cost and city taxes. Nothing like that has been taken into consideration, requested or disclosed.

Ummm. yeah i have seen the OH child support calculation worksheet. I have also seen the financial affidavit that is required with ANY filings for modification/establishment of child support according to state statute. And it does ask in respect to household bills per month. It also asks WHO else is aiding parent with covering household bills.

 

[tmmo6578]

I beg to differ. We were required to provide:

Request the obligor and obligee to provide the CSEA no later than the scheduled date for formally beginning the review with all of the following:
A copy of the federal income tax return from the previous year.
A copy of all pay stubs obtained within the preceding six months.
A copy of all other records evidencing the receipt of any other salary, wages, or compensation within the preceding six months.
A list of the group health insurance and health care policies, contracts, and plans available and their costs.
The current health insurance or health care policy, contract, or plan under which the obligor or obligee is enrolled and its cost.

There was no required financial affidavit requested by the court. Further, I just called to be sure that we had filed ALL of the paperwork and provided all of the documentation required for review and I was told that we had. We did not file a financial affidavit.