How can I (PRO SE) subpoena my ex's bank statements in Brevard county, Florida?

Asked about 1 year ago - Melbourne, FL

I am sure my ex is working under the table, making more money than he claims. I know for sure that his bank statements will reflect his income. I would like him to bring those statements to trial.
1. Can I subpoena him personally? 2. Do I need judge's permission? Thanx.

Attorney answers (3)

  1. Robert Jason De Groot

    Pro

    Contributor Level 20

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    Answered . You do not have to subpoena these, they should be provided to you under mandatory disclosure. If he does not comply, you submit a motion to compel. Another way of doing this, is to take his financial affidavit an show that it is incredible, that his expenses far exceed what he has reported as his income, and that he goes, for instance, $650 per month into the hole.

    R. Jason de Groot, Esq., 386-337-8239
  2. Ophelia Genarina Bernal-Mora

    Pro

    Contributor Level 19

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    Answered . Florida Family Law Rule of Procedure 12.285 governs mandatory disclosure of certain documents that need to be exchanged in a family law matter. I would recommend you read the rule. Bank statements are items that are required. If he fails to provide then you should file a motion to compel, request the judge enter an order compelling him to disclose within so many days and see if he provides at that point.

    I would also recommend retaining the services of an attorney if at all possible.

    Many great attorneys can be found here on Avvo and offer free consultations.

    /s/ Ophelia Bernal-Mora, Esquire
    Law Office of Ophelia Bernal-Mora, P.A.
    37 N. Orange Avenue, Suite 500
    Orlando, FL 32801
    PH: (407) 354-5223
    Email: info@obmlegal.com
    Website: www.obmlegal.com

    You should consult an attorney for advice regarding your individual situation since every case is different and... more
  3. Michael Samuel Dyer

    Contributor Level 4

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    Answered . There are many online sites with the forms you will need. If you google "Florida Family Law forms" you can find the subpoena you are looking for. It is much easier and faster to get the documents from the bank then to wait for your ex to provide the documents or for the Court to finally get him to produce the documents. Even if he produces it, it is likely he will withhold the most important statements

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