Going thru a contempt case with ex husband. My divorce paperwork states he is responsible for 50% of all extracurricular activities for our daughter.
He is a swift talker and it was suggested that I subpoena his work records to show he has made the money because he will likely say that he doesn't have money to pay.
Need advise on how much back up/documentation is needed? Is a lawyer required? I don't have $1500 to risk not being reimbursed every time he does this (never know how and when to get reimbursed)
- I have the texts/emails that show where the expenses were sent. He has 10 calendar days to pay.
- Should I subpoena has payroll info?
- Are there required times to submit or reply?
- Process for subpoena since the form I saw at the Clerks office is somewhat misleading as it says person to show up in court with documents- is there a form for non lawyers doing subpoenas?
First of all, if you have a good contempt case, you can be awarded your attorneys fees. Since pro se contempts rarely go well, sit down with a lawyer BEFORE filing and use a lawyer to file.
As a general rule, you do NOT do discovery by subpoena. You will be custom drafting requests for production of documents (and maybe a notice to produce) to him. His payroll info is likely irrelevant to the contempt (unless he raises it in his defensive pleadings), and to the extent it is needed it usually with be covered by the request for production. If needed, a 3rd party request for production can go to his employer, bank, etc.
There are LOTS of procedural requirements and time limits in a contempt. There is no way for me to list them all in a few thousand characters here.
Texts and emails are really a bad way to make requests you may need to prove in court. Obviously bring them, but authenticating them is difficult, and note that many courts ban cell phones, making it hard to prove texts. You should also bring the more formal paper mail letters you certainly should have sent when there was non-compliance, and proof of delivery of those letters. You will also need to bring proof of the expenses themselves.
Sometimes there is a very cheap legal answer. The lawyer letter your lawyer will possibly send before filing the contempt can be VERY inexpensive and MAY scare him and work and save you a big retainer.
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You should hire an attorney. This forum is not for attorney's to provide step-by-step legal advice about how to represent yourself. Since we are not your attorney you cannot rely on our legal advice anyway in your case as that would be unethical. Hire an attorney to represent you and handle discovery requests.
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