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How can I request my husband’s bank statements for our divorce/child support proceedings that are taking place in 9 days?

Willingboro, NJ |

My husband is trying to hide money and employment info from the divorce and child support proceedings. He has never paid anything towards the house or the kids' upbringing since he abandoned us. I am pro se.

Attorney Answers 4


  1. I assume you are currently going through a divorce. If you are, there was a set time frame listed in your Case Management Order that told you when you could request the documents. During a divorce, attorneys use a Notice to Produce, which is served on the other party asking him/her to produce certain items such as bank statements. I also suggest you send a subpoena to the banks to get the statements. As long as your matter is still pending final decision you can subpoena bank records.

    Since you only have 9 days before your hearing, either method listed above will not be helpful. You may want to make the Court aware of your concerns and see if you can get additional time to get the documents.

    When you represent yourself, it's hard sometimes to know what procedures are available to you in a divorce to get the info you need. Attorneys, of course, know the procedures.


  2. You may also want to try issuing a subpoena and asking for an adjournment. Depending on the judge they may grant your request.

    Also, did you previously demand these documents in Discovery? If so, perhaps file a motion for an order to show cause and/or to dismiss their case. It is for this reason that even though you may be doing well on your own, an attorney is really necessary at times.

    Law Offices of Benjamin G. Kelsen, Esq. LLC 179 Cedar Lane Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  3. You should have each filed a case information statement with attached tax returns. You will need to bring up what you are missing when you appear before the judge.


  4. I agree with Benjamin and Jennifer's answers.

    To summarize - there are tools available for you to get this information, but you've waited too long. A subpoena is technically supposed to be responded to in 10 days, but more often than not the bank or credit card company requests additional time to comply.

    It would be advisable to at least get a consultation with an attorney - if you can't afford to retain him./her, they can at least give you blank subpoena (and other discovery forms) to work off of.

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.

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