Legal Question in Family Law in New York
support modification
My court case the other day went well..the judge told me that I needed to prove my daughter's income. I need to subpoena her place of employment for her pay records, (Duces Tecum)...unfortunately it was suggested that since I am in this ''Pro Se'', I should also subpoena her as well. Not something I am looking foward to doing. Partly because I am sure that my ex-wife will be caoching her for the hearing and the other is that her boss at work is her step-father! How should I go about serving the subpoena to him and expect that he will not ''Fudge'' the records. Even at the payscale that my ex-wife testified to in court for my daughter, the judge stated that she was above the cusp of the support reserve numbers. What should I watch out for? (She did not present with a counsel at the last hearing and will probably not at the next one)
1 Answer from Attorneys
Re: support modification
The correct procedure is to servce a subpoena duces tecum on the employer and a subpoena to compel him and the records to come to court. You could serve them through the local sheriffs department. You must ask for all of the payroll records, and w-2 forms, and all books and records concerning the employee.
You could subpoena the child, her tax returns, her w-2 records.
if you know where the child does his/her banking, you could subpoena those bank records.
There is a lot that can be done. The more information that you place before the court the more you don't have to watch out for.
What has to be proven is that she is cor can be self-supporting. Does she go to school, and does she live with your ex-spouse.
You should consult with a lawyer. If you would like to retain our services, please feel free to contact me.
Depending on the age of the child, you could be responsible for support until the child reaches the age of 21. The amount of money just adds up.
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