Legal Question in Family Law in Massachusetts

Re: Child Support trial, PTM questions

First, I assume you are going in for trial, not pre-trial, since you mention pre-trial as being in the future.

You don't subpoena the records now because you have to show them to the court. That doesn't happen at pre-trial. At pre-trial, the judge reads your memos, examines your financial statements, and discusses the case with you.

But you want to subpoena them soon, and list them as exhibits in your pre-trial memo. You need to see these documents so you know what you're doing; you need to see what they say. You do not request records during a pre-trial. You simply issue a "request for production of documents." You have to get the Rules of Domestic Relations Procedure and Read Rule 34. That's how to request documents from your wife or ex-wife.

To request documents from third parties, you must have a subpoena (it's just a form), filled out by you and notarized. That gets served by a constable upon the people who are to produce the records to you. To subpoena for trial, you need a trial subpoena. To subpoena in advance of trial, you need a deposition subpeona, but also you must issue a notice of the deposition and serve this on the other side. The procedure does get a bit involved. Perhaps you can pay a lawyer for an hour of his/her time to draft these documents for you. Then you can take it from there. Otherwise, you will spend an inordinate amount of time trying to figure out all this procedure.

On a substantive basis, realize that in order to stop support for your 19-year-old, she must be "emancipated. " that means she is not in school and also that she is not living with the other parent and principally dependent on that parent for support. Even though she may have a job, if that does not entirely support her and she needs substantial help from your ex, that may give rise to a child support obligation.