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.
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
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.
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Orlando, FL 32801
PH: (407) 354-5223
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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