Today I received a copy of a subpoena being sent to my employer’s payroll department by my ex-husband’s attorney. It says they want them to fill out an Employer’s Affidavit. Nothing in the information I received explains to me why this subpoena was sent, is this legal? Can they ask my employer for information without telling me why? I’m “assuming” my ex is trying to get child support reviewed but I don’t know this for sure because like I said I have no information. Have not been previously been contacted by the attorney’s office for anything. Does my employer have to comply since I don’t know why they are asking for information or exactly what is being asked for? Thanks in advance for your help, tinbar49
If there is pending litigation and the subpoena was issued properly, then yes, your employer should comply. There is no legal obligation for them to tell you when they are going to seek information through a subpoena, but there is an obligation to let you know when they receive the information requested in the subpoena so that you can review it.
Ok, so I’m assuming that having child support reviewed would be considered ongoing litigation. With that being said I recently read that having a subpoena faxed is not legal, is this correct? Because that is how the subpoena was submitted to my employer’s payroll department.
Correct, faxing is not sufficient for service of a subpoena. Rule 45 of the Rules of Civil Procedure cover the issuance and service of subpoenas.