What's the next step when a subpoena has deliberately gone unanswered/unacknowledged?

Asked over 1 year ago - Worcester, MA

For recent child support review court date, i subpoena a shop where my X frequents hoping to provide proof of $ spent on leisure expenses vs. child support received. Shop didn't reply only stating verbally that they couldn't assist. In meantime, shop has informed X of such action & reassured him that they would not give info- in the presence of my 11 yr old child. Had child document incident in her words just in case. But now not only has shop purposely not complied, X hasn't complied either by working under table, paying only ~$10/mo vs. actual MA minimums for 2 children solely for sake of avoiding license suspension. Im contemplating new contempt order and/or new CS modification. Is that correct course of action? What about shop who did not comply, & child's statement? Thx

Attorney answers (3)

  1. Steven Edward Zlochiver

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . It is a bit difficult to understand where you are procedurally, but I think you are saying there was a review hearing and the subpoenaed person did not attend. If you showed the judge the Subpoena with the Return of Service signed by the sheriff or constable, ideally, the judge should have had the sheriff bring that person to a subsequent continued hearing. I cannot advise about a Contempt or a Modification action without knowing more about the facts of your situation, but it seems that theses actions should be considered if you can show that he is, in fact, under-reporting income and (for Modification purposes) you can show that his and/or your current income has changed. No longer does there have to be a substantial change in circumstances to modify child support - there only has to be a different amount after applying the Child Support Guidelines. You really need to consult an attorney so that you can carefully explore your options. And remember, in a Contempt matter you can request that the Court pay for your attorney's fees (but you can't count on the Court granting your request). I hope this helps to get your started thinking about what you might do.

  2. Henry Lebensbaum

    Contributor Level 20

    Answered . Was it properly served?


    henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- attorneylebensbaum@verizon.net (978) 749-3606.
    Criminal Law (all courts), Drunk Driving, Drugs, Violence, Sex Offenses, theft, SORB, Divorce Child Custody Alimony Child Support & Modification, Contempts & Paternity Juveniles Domestic Violence & Restraining Orders, Business Law, Personal Injury, Guardianship, Conservatorship & Estate Administration & Legal Malpractice. For these & other areas, contact me. Email sent may be copied intercepted or held by computers.

    Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex... more
  3. Alan J Pransky

    Contributor Level 13

    Answered . It sounds like the person failed to appear in court in response to a subpoena. You should ask the Judge for a bench warrant for the civil arrest of the person served. You then have to pay a sheriff or constable to arrest the person. You may be able to recover the money for the sheriff but you must pay the money up front.

    THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,469 answers this week

3,029 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,469 answers this week

3,029 attorneys answering