Subpoening partnership records when Ex is partner in law firm

Asked almost 4 years ago - Irvine, CA

My ex is a partner in a law firm. He has refused to provide a Profit & Loss Statement with his I&E claiming the firm is working on it. The firm has existed for 2 years, has 3 founding partners, 2 employees. I don't see how they don't have a P&L. 1) Will the court believe his claim, 2) do I need to subpeona the records from the law firm directly or can I subpeona my ex since he is a partner? My concern is that in a previous CS mod hearing when my ex claimed he was earning nothing despite being a partner at the firm, the court told me it was my responsibility to find his income instead of requiring him to produce basic financial information.

Attorney answers (2)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . Subpoena his partners, their K1's, the partnership tax return for 2009. Also subpoena this same info from their CPA. If they have a bank loan subpoena any financials they submitted to bank.

    Serve the partners so they know what is happening and get annoyed at your ex.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

  2. Todd Eric Gallinger

    Contributor Level 13

    Answered . In a Child Support hearing your ex should have to file and submit income and expense statements, just like you do. But you do have the ability to subpoena the records directly from the law firm, from their accountant, and from the individual partners.

    You will likely want to request their tax statements, most likely with the K-1 attachments, but you can also request from the accountant the electronic records they keep in Quickbooks, Peachtree, or similar programs. Of course your ex may raise an objection about attorney-client information, but a lot of that might be able to be redacted.

    If you believe that your ex has significant income he is hiding, you should definitely hire an attorney. If you don't have sufficient funds to hire an attorney, they may be able to petition the court to order your ex to pay for their fees. Please consult with an attorney to get legal advice specific to your situation, as this is just a general observation.

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