referred here to IAAL re subpoena of bus. records

[britta]

I live in Iowa, divorced 7 years ago, one 13-year old child. Ex has drug, alcohol, mental problems - is manic depressive and refuses meds. He has been abusive to both my son and I. I have a 5-yr criminal no contact order and his second ex has a 1-year civil no contact order. Mine is a stalking and harrassment order, hers is from his violent behavior.
We have joint with me being custodial. Visitation was liberal with no specifics. I petitioned the court to get the visitation more structured as he was driving drunk with my son, has been sexually abusive towards me in front of my son, and is mentally abusive to him, also. I had my son evaluated and they said he needs long-term psychiatric therapy from the abuse from his father. In petitioning for a change in the custody, we asked for more child support for leverage as he only pays $125 per mo., something I agreed with to expedite the divorce.
In retaliation, he filed a petition to access all of my personal and business tax records and for me to provide my ex and his attorney with free rein to audit the same. I applied for protection, he countered with a false affidavit that he has seen me with thousands of dollars and the judge allowed my ex and his lawyer shall go through my records out of my office and no stipulation of a witness..I am just supposed to deliver them to them!!!
They asked for a complete client list, whether they paid by cash or check and deposits to show where the moneys went in addition to all of my expense and income records. They also have asked to see my private deductions.
I feel shock that a man who has made my life hell for over 17 years should be able to invade my privacy and see my personal medical bills and more. I also don't feel that he should be privy to my customer data as he is a very frightening individual.
Can they take my records from my business?
Can someone who has been charged with harrassment be allowed to see into your private files? I didn't really want the child support, it was only leverage. How can I stop this?

 

[I AM ALWAYS LIABLE]

I live in Iowa, divorced 7 years ago, one 13-year old child. Ex has drug, alcohol, mental problems - is manic depressive and refuses meds. He has been abusive to both my son and I. I have a 5-yr criminal no contact order and his second ex has a 1-year civil no contact order. Mine is a stalking and harrassment order, hers is from his violent behavior.
We have joint with me being custodial. Visitation was liberal with no specifics. I petitioned the court to get the visitation more structured as he was driving drunk with my son, has been sexually abusive towards me in front of my son, and is mentally abusive to him, also. I had my son evaluated and they said he needs long-term psychiatric therapy from the abuse from his father. In petitioning for a change in the custody, we asked for more child support for leverage as he only pays $125 per mo., something I agreed with to expedite the divorce.
In retaliation, he filed a petition to access all of my personal and business tax records and for me to provide my ex and his attorney with free rein to audit the same. I applied for protection, he countered with a false affidavit that he has seen me with thousands of dollars and the judge allowed my ex and his lawyer shall go through my records out of my office and no stipulation of a witness..I am just supposed to deliver them to them!!!
They asked for a complete client list, whether they paid by cash or check and deposits to show where the moneys went in addition to all of my expense and income records. They also have asked to see my private deductions.
I feel shock that a man who has made my life hell for over 17 years should be able to invade my privacy and see my personal medical bills and more. I also don't feel that he should be privy to my customer data as he is a very frightening individual.
Can they take my records from my business?
Can someone who has been charged with harrassment be allowed to see into your private files? I didn't really want the child support, it was only leverage. How can I stop this?

My response:

Easy.

What's happening is the "Discovery Process". Since you want money, they are entitled to see whether you need it.

If you don't want to go through the discovery process, or this current Petition process at all, all you have to do is file and serve a Request for Dismissal.

That puts the brakes on the current matter, and ends the current proceedings.

IAAL

 

[britta]

IAAL again

Thanks for the swift reply. If I petition for dismissal, where does that leave me in the custody petition? My ex has now filed that he wants every other week with no one paying support. I would take no support just to be able to protect my son from his father. Please advise.

 

[I AM ALWAYS LIABLE]

Re: IAAL again

Thanks for the swift reply. If I petition for dismissal, where does that leave me in the custody petition? My ex has now filed that he wants every other week with no one paying support. I would take no support just to be able to protect my son from his father. Please advise.

My response:

You can dismiss any portion of the original Petition that you choose. In this case, you would dismiss "Child Support, Only."

As to your custody battle, I have no comment. I do not have enough information to respond.

IAAL