Child Support Court


#1

My child’s other parent is taking me to court to have child support reduced. His reason for the request in reduction is supposedly due to him not being able to pay his bills. I have been subpoena for my financial records. Since he is the plaintiff, does he have to submit the same documents in court or do I have to subpoena him for those records. This case is being handled through the local child support enforcement office.


#2

Yes, you can subpeona the records. Looking at his bank records might be a good place to start. If he is depositing more money than he earns into his bank account than he says he earns, then you can use that to try and prove he is suppressing his income. You can also look at his spending and see if his spending is in line with the income that he allegedly earns. You should be able to see his bills coming out of there too, to get an idea of his excess cash flow.

You can subpoena income information directly from his employer, too, but I would start with the bank records. You can also request his credit cards, utility bills etc. if you choose.


#3

Can I subpoena the bank directly?


#4

Yes. You may obtain a subpoena and have the clerk of court issue the same once you have filled in the name of the institution and the records which you are requesting. The clerk in your county may be able to provide you with a blank subpoena, or you can obtain one from the AOC website (www.nccourts.org). The clerk will have to sign the subpoena for it to be issued since you are acting pro se.