Can Counseler be subpoened?

#1

Two questions please:

  1. Can a STBX’s counseling records (or the counseler) be subpoened in a divorce case or would that be breaking HIPPA/confidentiality laws?

  2. Also if a determination is made that a dependent spouse is NOT entitled to spousal support (due to “supporting” spouse NOT being able to afford to pay after all the expenses, including child support), can the dependent spouse come back later if the kids choose to live with the other “supporting” parent? The supporting parent would no longer be paying child support and would be ABLE to afford spousal support at that time. Can the dependent spouse sue twice for the same thing? Or once a decision is made on spousal support…is that unchangeable?

#2

The counselor can be subpoenad to court, but will claim privilege and will not release the records, or testify in court unless forced by a judge. Judge’s will normally not force this type of disclosure except in extreme cases where not doing so could be dangerous.

The dependant spouse can attempt to be awarded alimony, but if the same finding is made at alimony hearing the claim will have been decided and cannot be retried again.