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Child Support; Subpoena for financial information

I have been getting CS from my DD's BF for only 6 months, and he is making a request to modify his CS. I have been a stay at home mother since she was born, and fought for child support for three years before finally getting it. I am remarried, and have been for almost three years. His lawyer sent me a subpoena for our tax returns, W2's, and monthly bank account statements for 2008, 2009 & 2010; and we are going to court this week, when I am to bring forward these items. Now, I understand the tax information, to prove that my husband's is our only income, but our monthly bank statements for three years? That seems a bit excessive. Also, we just moved, so we changed banks for convenience, and I only have our statements from our most recent bank. (We bank online only, and I keep a check register) Has anyone else had to do this, and can I appeal in some way, saying that I do not feel my bank statements are needed? (ctd below)

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Asked by Anonymous at 2:06 PM on Apr. 24, 2010 in General Parenting

Answers (8)
  • OP: My husband is completely against us supplying our bank statements as well, even more so that I am. And, what I do not understand the most, is why three years, when he has only been paying for six months? I am supported in court (for child support) by a social service worker, and him- his lawyer. I just feel like this is a bit much; plus I am not sure exactly how to obtain them if I did choose to. And what happens if I only show with the tax information? I can't believe he is trying to modify his CS. He lied about having a second job, which they are about to find out because my SS worker found out (I told her the employer info), He has a roomate who he lied about and they pay him monthly, and I do all the driving for visits, and we live over an hour apart! (He has her 2x a month).

    Answer by Anonymous at 2:10 PM on Apr. 24, 2010

  • Do you have a lawyer? I would ask him/her about what to do. As far as your bank statements, you can call the bank and request them but most banks charge about $5 for each month's statements.

    Answer by Anonymous at 2:14 PM on Apr. 24, 2010

  • They can not count your husbands income in determining child support did your childs father just have another child that could be the reason for the review have you looked up your state guidelines calculator try it I live in Ohio and my sons father was ordered to pay me $50.00 a month due to him having another child .............just a question does your husband want to adopt her if she does not see her father your husband can adopt her on them grounds even if her father pays child support might be something you want to check into of course you will no longer get support but I guess it depends on whats best for your dd.....I say his income can not be counted because they do not count my sons fathers wife's income in Ohio maybe I am wrong about your state though Good Luck


    Answer by Anonymous at 2:30 PM on Apr. 24, 2010

  • I wouldnt send them anything. If child support wants that info then you should send it directly to them. Don't you think?

    Answer by Anonymous at 5:50 PM on Apr. 24, 2010

  • I dont thihnk they should be able to base CS from your HUSBANDS income- you shouldnt get less CS bc you married a good man who supports you & your daughter.

    Answer by pinkcicle709 at 5:55 PM on Apr. 24, 2010

  • That sounds pretty standard for all of our child support crap that we've gone through. Even though in the state of Texas (where I live) they don't count the custodial parent's income, she still had to provide all of her bank statements and tax returns.

    Just because her attorney asks for them doesn't mean you have to provide them, but you will likely be instructed by the court to produce them. I'd bring them with you, assert your disagreement for the judge and ask if he's going to compel you to produce them, then see what the judge says.

    Answer by Avarah at 6:38 PM on Apr. 24, 2010

  • I went through this recently and had to supply MY bank account statements for the past 3 years, but not my husband's bank statements. They did count a portion of his income as "mine" since I'm a SAHM. And my ex lied through his teeth to get his child support reduced (he received an inheritance from his dad this past year, so he buys whatever he wants, just doesn't pay child support [but i have no way to prove this and he denies it] - and claims he's disabled so he can't work, but social security is just giving him a hard time and won't approve his disability request!)

    Answer by missanc at 8:31 PM on Apr. 24, 2010

  • I never had to show ANY financial information. Child support in Wisconsin is not based on the custodial parent, it is based on a percentage of what the paying parent makes. I would talk to an attorney before I gave anyone any financial information.

    Answer by tyfry7496 at 9:03 PM on Apr. 24, 2010

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