Subpoena?

[Gemini]

What is the name of your state? FL
I sent a motion to discover to my ex to produce such information as dates of employment and pay rates. He provided confusing and incomplete information and was later ordered to produce this information with a motion to compel. Now he has provided his w2s but still hasn't answered his employment dates and pay rates. He says his employers have to be subpoenaed in order for them to release that information. My question is, is it my place or his to subpoena his past employers? He just says they need a subpoena as if that means he's done. Since he's been ordered to provide those details, isn't it his responsibility to do whatever it takes to get that information? Thanks in advance.

 

[Gracie3787]

What is the name of your state? FL
I sent a motion to discover to my ex to produce such information as dates of employment and pay rates. He provided confusing and incomplete information and was later ordered to produce this information with a motion to compel. Now he has provided his w2s but still hasn't answered his employment dates and pay rates. He says his employers have to be subpoenaed in order for them to release that information. My question is, is it my place or his to subpoena his past employers? He just says they need a subpoena as if that means he's done. Since he's been ordered to provide those details, isn't it his responsibility to do whatever it takes to get that information? Thanks in advance.

It's his responsibilty to produce whatever the court ordered him to produce.

It's really an iffy situation if he has produced a recent W-2 for his present employment. Unless you are attempting to prove that he is voluntarily underemployed (quit higher paying job for a lower paying one), the dates of employment might not matter. Basically, as long as you have his current pay rate, you have the info you need.

 

[Gemini]

Thanks Gracie! Actually, these are all past employers, there are 3 w2s, as he's admitted in court that he isn't working right now by choice, he's waiting for cattle season to come in for transporting (he's a truck driver). I really would need the dates and pay rate as there is no way to tell how long he worked for each of these companies, so therefore no way to tell what is payrate was. For example, one has wages listed at $609. Well, is that for a week or did he work 2 days before quitting? CS based on $609 weekly would be alot different than cs based on the same amount for 2 days..get my drift? But you seemed to already answer my question, so thank you. I don't really want to rock the boat by filing contempt (we are really getting along great right now) so would my only option be to wait and ask for a continuance based on his failure to provide the info needed. He's going for a downward mod after I filed for an upward mod last year. The CSE reviewed and determined downward mod was appropriate, but they don't realize his not working is voluntarily, as he admitted to the CS magistrate who happened to also be our general magistrate at his latest contempt hearing. Can I request transcripts of that hearing and provide those as "proof" of his voluntary unemployment? Thanks again Gracie and any one else who can offer assistance.

 

[haiku]

being as he is a truck driver it would also depend on how he is paid. does he get milage or a percentage of his loads? pay can really fluctuate, especially right now.

I would think you would also need his current and past few years IRS returns to get a proper picture of his earnings over time.

 

[Gemini]

Thanks! Would the order to produce the information from discoveries cover that or would I need to file another motion to compel? My guess is that he probably doesn't have any of that information. He doesn't keep record of anything. He doesn't even have a copy of any of our court proceedings, which is one reason why he keeps being held in contempt. He doesn't follow the order because he doesn't remember what some of them were. Could I subpoena all of the information myself even though he should be responsible for doing it? Knowing him, he will just wait until court day, which hasn't been set yet, and tell the magistrate that they wouldn't give him the info without a subpoena, so he doesn't have it. Could he be held in contempt then, or only if I file for contempt? Thanks all!

 

[OhReally?]

Thanks! Would the order to produce the information from discoveries cover that or would I need to file another motion to compel?

In your discovery, he is only bound to provide you what you ask for and nothing beyond. If you did not ask for tax returns, then don't expect him to provide them. In review of your post, I see nothing that you asked for this. So you will have to ask for this via another request for documents, as long as you have not passed the amount allowed by procedure.

My guess is that he probably doesn't have any of that information. He doesn't keep record of anything. He doesn't even have a copy of any of our court proceedings, which is one reason why he keeps being held in contempt.

Huh? I've never kept "copies of court proceedings" either. Unless you're talking about the actual court order.

He doesn't follow the order because he doesn't remember what some of them were. Could I subpoena all of the information myself even though he should be responsible for doing it?

Huh? What are you talking about? "He SHOULD" what again?

Knowing him, he will just wait until court day, which hasn't been set yet, and tell the magistrate that they wouldn't give him the info without a subpoena, so he doesn't have it. Could he be held in contempt then, or only if I file for contempt? Thanks all!

You have to file for contempt for ORDERS that are not obeyed. If he doesn't provide documents you requested after a motion to compel, then you ask the court for sanctions. And/or you ask the court for other remedies if appropriate. The Order to Compel is the court ordering him to fulfill THE ACT (discovery), not actually the individual documents, etc you are asking for.

 

[Gemini]

Thank you. "He should" referred to him being responsible for the info from discoveries that the magistrate ordered him to provide. I asked in my motion for w2s, pay rate, dates of employment and any and all other information involved with his employment. I don't know the exact wording I used but I didn't just ask for w2s. So I will look back and see but would that cover it or would I need to specifically ask for income tax filings?

I reread my previous post and it was a bit confusing. He doesn't keep ANY court orders whatsoever. He used to ask me to fax a copy of the income deduction order to employers for him because he didn't keep a copy, now he doesn't bother at all. Thanks again.

 

[OhReally?]

...would I need to specifically ask for income tax filings?

Yes you would.