OK ODD Question...

[424Smudge]

What is the name of your state? Az

TO MAKE A LONG STORY SHORT.....

In May of 04 Mother and Father were in court to modify child support. Father brought up the fact that Mother is a Pre-paid legal representative (sells the program and receives a certain percentage of the profit) and Mother claimed that she only maintained the website because staying enrolled in the program allowed her to not have to pay for her lawyer and stated under oath that all of his services were free to her because of the program. They were in court again a few weeks ago and the judge awarded her legal fees for the matter that they were in court for. Last week he received a bill for over $3,000 in lawyer’s fees and now he is faced with a dilemma.
Either she was lying about her income or she lied under oath about the fact that she receives free legal services. Father feels that it is more likely that Mother does in fact pay a certain percentage of the legal fees and that she was lying under oath to make her income seem lower.
Now he would like to know what he can do to get her banking records subpoenaed. He knows of 2 bank accounts that she holds but suspects that she might have 1 or 2 others as well. On the 1st he will be filing a response to the affidavit of attorney’s fees as well as paperwork for a modification of child support and will also be filing contempt charges against her for visitation. Can he request the info be subpoenaed in any of that paperwork or does anybody know of the form that he has to fill out to request that this info be subpoenaed. She has also failed to submit her tax returns for the past 3 years as ordered by the court and he would also like those subpoenaed as well.

 

[Gracie3787]

What is the name of your state? Az

TO MAKE A LONG STORY SHORT.....

In May of 04 Mother and Father were in court to modify child support. Father brought up the fact that Mother is a Pre-paid legal representative (sells the program and receives a certain percentage of the profit) and Mother claimed that she only maintained the website because staying enrolled in the program allowed her to not have to pay for her lawyer and stated under oath that all of his services were free to her because of the program. They were in court again a few weeks ago and the judge awarded her legal fees for the matter that they were in court for. Last week he received a bill for over $3,000 in lawyer’s fees and now he is faced with a dilemma.
Either she was lying about her income or she lied under oath about the fact that she receives free legal services. Father feels that it is more likely that Mother does in fact pay a certain percentage of the legal fees and that she was lying under oath to make her income seem lower.
Now he would like to know what he can do to get her banking records subpoenaed. He knows of 2 bank accounts that she holds but suspects that she might have 1 or 2 others as well. On the 1st he will be filing a response to the affidavit of attorney’s fees as well as paperwork for a modification of child support and will also be filing contempt charges against her for visitation. Can he request the info be subpoenaed in any of that paperwork or does anybody know of the form that he has to fill out to request that this info be subpoenaed. She has also failed to submit her tax returns for the past 3 years as ordered by the court and he would also like those subpoenaed as well.

If there is a transcript of her testifying that she gets free legal services, he can ask for a reconsideration or file an appeal on the legal fees judgement. Although he may believe that she does pay, it may be easier for him to approach it from the angle of she said under oath that she doesn't pay, so why should I "reimburse" her for what she doesn't owe? This way he won't have to subpoena any records and it puts the ball in her park- if she wants to fight it she'll be forced to admit that she lied under oath.

 

[424Smudge]

If there is a transcript of her testifying that she gets free legal services, he can ask for a reconsideration or file an appeal on the legal fees judgement. Although he may believe that she does pay, it may be easier for him to approach it from the angle of she said under oath that she doesn't pay, so why should I "reimburse" her for what she doesn't owe? This way he won't have to subpoena any records and it puts the ball in her park- if she wants to fight it she'll be forced to admit that she lied under oath.

In all honesty, Father is more interested in getting the banking records because he thinks that Mom has now finished college and is working either from the home or telling the children not to tell him that he is working. If you add up her monthly bills she is spending roughly 2,300 dollars more a money than what she claims she is making. Constantly taking trips and stuff. I personnaly think your idea might be better though because I fear that even if we have the records subpoenaed then we have a slim chance of her not submitting all of her banking info.

 

[Gracie3787]

In all honesty, Father is more interested in getting the banking records because he thinks that Mom has now finished college and is working either from the home or telling the children not to tell him that he is working. If you add up her monthly bills she is spending roughly 2,300 dollars more a money than what she claims she is making. Constantly taking trips and stuff. I personnaly think your idea might be better though because I fear that even if we have the records subpoenaed then we have a slim chance of her not submitting all of her banking info.

I guess he can do both, but as you said, if she doesn't comply with the subpoena it will add problems. from your post I assume that a modification has been filed for? If so, the banking records will be important, so he probably should at least try to get them- who knows, she might actually produce them. Good luck, I know what it's like to deal with a CP who lies alot, and just how hard it is to prove it and get a court to listen.
Gracie

 

[424Smudge]

It hasn't been filed yet, we are filing it on the 1st of Nov.

 

[SingleMom67]

Clarification question

This is a question more for my own clarification, but won't he need an attorney to subpoena records? I know it'll require a judge's signature and all of that, but is this something he can subpoena for on his own?

 

[LdiJ]

In all honesty, Father is more interested in getting the banking records because he thinks that Mom has now finished college and is working either from the home or telling the children not to tell him that he is working. If you add up her monthly bills she is spending roughly 2,300 dollars more a money than what she claims she is making. Constantly taking trips and stuff. I personnaly think your idea might be better though because I fear that even if we have the records subpoenaed then we have a slim chance of her not submitting all of her banking info.

I though mom was married? Wouldn't her husband's income be contributing to their household?

 

[424Smudge]

I though mom was married? Wouldn't her husband's income be contributing to their household?

Yes she is married but she is claiming she is not employed making her husbands income the only income in the home. Based on his income alone the spending in the house is more than the income. Either husband is pulling extra money (he is military so overtime is not an option here) or mom is making some type of income that she is not claiming.