Legal Question in Family Law in Arizona
I was recently subpoenaed by my ex-husband to produce my boyfriends bank records for my up coming court case. The court case is for child support arrears that I owe and contempt charges. My ex-husband is trying to claim that I am hidding income and that I am on my boyfriends account. I have already subbmitted the bank statements my last court date and courts accepted them. Now I am back in court as it is a new year and Im being brough in again for the same reason. Is this legal? Can he keep subpoenaing me for my boyfriends bank records? My boyfriend has nothing to do with the case and I hae proved I am not his account already.
1 Answer from Attorneys
While the Clerk of Court's office will accept virtually any document put in front of them, this subpoena is improper because your boyfriend is not a party to the case and it is immaterial whether you are on any bank accounts with him or not. Even if he were your spouse this would be an improper line of inquiry for child support. You can file an objection and even if you don't I foresee the judge ultimately objecting to the subpoena and not requiring him to comply. Best of luck to you!
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