Legal Question in Family Law in California

subpoena of bank records

my boyfriend filed for a divorce , his lawyer advise him to open a personal account for his direct deposit . Since he was lazy to do so , he request me instead to include him on my personal account , he told me it is best that his salary will be deposited in my account, its more practical and ideal to have 2 sigantories just in case of emergency , however i received a subpoena from her ex-wife and she like to know if his husband has a hidden savings . I wanted to Object because this is my personal account . if the purpose is to determine how much he is earning they can always verify that to the employer which they did several times, i have the right to have privacy, worst comes to worst i will only show the records to the judge, as ia ma afraid tahtif i disclose the information they might use that against my boyfriend since it is a shared account. Please advise on what to do , i saw a form on the bottom of the subpoena can i used that form to object ? and where will i send that form ?..

please help


Asked on 4/07/09, 1:52 am

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: subpoena of bank records

By adding your boyfriend to your account you gave them the ability to subpoena it. Mistake. Were you even his wife, if it were still in your separate name, they wouldn't be able to subpoena it and you wouldn't have this problem.

Objections are served on the subpoenaing party.

Your income is not an issue if that's your concern, it is no factor in the child support or spousal support calculation.

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Answered on 4/07/09, 11:32 am


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