Legal Question in Family Law in Virginia
Child Support
My husband filed for a modification of his child support because he is no longer earning as much as he used to. The mother of his child hired a lawyer and that lawyer has subpoenaed all of my husbands tax records since 2000. He used a subpoenae duces tecum. Isn't that an invasion of my husband's privacy? Do we have to comply with the subpoenae and if we don't what could happen?
1 Answer from Attorneys
Re: Child Support
Yes, it may be an invasion of your husband's privacy, but it would appear permissible under the rules governing discovery allowable in the kind of case which you've described which is heavily dependent upon income and expenditures information for past years, particularly, in regard to the party who is considered the obligor (your husband in this case), and who is asking for a reduction in his amount of child support.
Your husband could probbly file a motion to quash the subpoena for tax returns older than three years
on the grounds that these are essentially irrelevant
to his motion at issue.
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