? re: Subpoena bank records & a lien on property


#1

gosh where do i start?

ok, my ex is behind on child support (over $3K) - a few months ago we had a court date and the new court date is coming up mid May. Last time we were in court, we went in front of the judge to my surprise and the CSE attorney (?) asked if there was anything I should know about my ex finances, etc. I was put on the spot and couldn’t think of anything.

When in court the judge asked if he had any money to make a payment, he said NO - yet, I found out that he made his car payment of $400 - almost the amount of child support the DAY BEFORE COURT!

On this court date coming up, can I ask for his bank records to be subpoena I guess to show that he does have money coming in, but he refuses to pay child support (he has been unemployed since Jan, but his girlfriend is supporting them although he is past due on his car, mortgage, etc.) Does the judge think this will prove anything or just a waste of time, etc?

Also, I read somewhere that once the arrears for child support is past $3k that you can take out a lien on property that he owns. I had the link saved in my favorites, but for some reason can’t find it to refer to! CAN I DO THIS and what is the procedure? Is this something that I NEED to do while we are in court or would this become it’s own separate issue? Can I file it myself or do I have to have a lawyer, etc?

THANK YOU SOOO MUCH!


#2

You may subpoena his bank records (and should ) before your court date. The subpoena is issued by the clerk and should be sent directly to the bank. The judge can place a lien on property, and you should ask the judge to consider this option at the next hearing.