Legal Question in Family Law in California

my exhusband has violated court orders for the maintaining of a military SBP policy(we were each to pay 1/2 the cost...my payments went directly into his bank account and I have now learned that he has not met his obligation.The SBP is to guarentee that if he passes away I will continue getting my 1/2 of his retirement and should I pass away he gets 100% of the monies.

The military has informed me that he has violated this order but will not provide me with the proof that this has been done.

I am disabled and can not afford legal help so how can I subpoena his military retirement pay records?

Thank you


Asked on 3/25/11, 3:18 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

To do a subpoena you will need an active court case. You would need to get a subpoena issued by the court clerk, and then serve the military dept that you are requesting the documents from. You will need to follow strict time frames of service and notice otherwise your subpoena will be rejected. You should consult with a self help book in your local law library for additional information.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 3/25/11, 8:59 pm


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