Legal Question in Family Law in Massachusetts

Re: Live-in boyfriend, am I required to provide docs about my current income

If you received a subpoena, you should have received the witness fee for one day and travel money as set by statute from where you live to the court and back.

"JURORS, WITNESSES, APPRAISERS, COMMISSIONERS, ETC.

Chapter 262: Section 29 Witness fees

Section 29. The fees for attending as a witness before the general court, the supreme judicial court, the superior court, the land court, a probate court or court of insolvency, a district court, county commissioners, a trial justice, a referee, an arbitrator, the division of industrial accidents or the board of conciliation and arbitration, or on any other occasion for which no express provision is made, or allowed to persons, except the debtor, who are examined under section eighty-two of chapter two hundred and sixteen, unless fraudulent conduct is charged and proved against them, shall be six dollars a day, and ten cents a mile for travel out and home; provided, that if the witness has a usual place of business or employment in the city or town where the court trial or hearing is held, travel shall be reckoned out and to such place of business or employment, and not out and home. Each witness shall certify in writing the amount of his travel and attendance."

You can move to quash the subpoena. The wife's lawyer has no right to your income information, since it is not relevant to any issue between the boyfriend and his wife. You are under no legal onligation to pay any of his expenses, but how much you pay may be relevant to his claim of what he pays. How much you contribute to household expenses may be relevant.

If you received the $6 and ten cents a mile, you have to attend if you do not get the court to quash the subpoena (which is part of a latin phrase " under penalty" meaning the court can impose a fine or put you in jail if you fail to attend, having been properly served).

These two have a battle going. He apparently is claiming such high living expenses that the wife's lawyer wants you to testify as to how much rent and other household expenses you pay, even though he has no idea what you will say or what the documents you produce will say. You should ask your boyfriend for a copy of his financial statement. You may be surprised.

On the other hand, the wife's lawyer may just be out to punish you for taking her husband away. Just remember, he was not faithful to her and he probably will not be faithful to you.

You are not entitled to lost wages or other expenses.

If there is another day or time that would make it cheaper or easier for you, within normal business hours, feel free to call the lawyer and ask to reschedule it.