Subpoena to employer


#1

What can be subpoenaed from my ex’s employer? He refuses to provide income verification and is claiming he doesn’t work overtime anymore - which according to my children he does. I pay child support to him and I am on unemployment at the moment due to the company I worked for closing. My ex has filed a motion to modify child support again and is asking for my child support to be raised. We just went in August for a modification on my end due to no longer being employed and I still pay out almost what I was paying when I worked full time. He goes into court employed and then quits his job a week or two later. This is his history - even when he paid me child support. Can I subpoena his personnel file and timesheets?


#2

You are entitled to subpoena his bank records, and payment records from his employer to prove that he does indeed have an income. But, it is a good idea to file discovery first. The best way to start is with a request for production of documents from your ex. If he does not comply you may have the clerk issue a subpoena (since you are pro se) to his employer(s) and to the financial institutions where he holds accounts. You will need to send the subpoenas directly to those institutions, and send your ex copies of any and all subpoena’s you send.

For your request for production of documents, you will need to include the case caption( party names, court, and file number) and then list which documents you are asking be produced. He will have 30 days to respond, and if he does not you can seek the court’s assistance and ask that he be compelled to produce the requested documents. At that time, you can just go ahead and have the clerk issue the subpoenas for the records.


#3

If a person files a subpoena on their own with the help from the clerk (without an attorney) …where does the employment records need to be sent? (to the clerk’s office…to the judge)?? And how would you get a copy of the records submitted to the courts?


#4

If you are unrepresented then you would ask for the documents to be sent to you directly.