Subpoenas for Motion to Modify CS

North Carolina Divorce Law Divorce and Separation Answers
1

Hello Crystal,

I’ve filed a Motion to Modify. Now that its filed I can issue subpoenas, correct? I need to subpoena about 3-4 financial institutions (banks, credit unions, investment banks, etc). What are the steps to subpoena such institutions? Does it have to be served by a sheriff or can I send certified snail mail? What information do I need to send to them beyond the account #s I’m looking for data on? I can only request back 2 years from the date of the Motion to Modify, right? Also, it appears that significant income was not disclosed when the current CS order was calculated and the X paid less than she should have, do I then now go after that when I present my findings to the judge on the court date? The other more current reason for the M to M is that child care expenses have increased and my income has decreased.

Thanks
SideTracked

2

You can require her to provide all relevant documentation of income at the trial, or before the trial by sending a “discovery” request. You can also subpoena the information directly from her employer, if necessary.

If you have filed a Motion to Modify Child Support in Wake County you should file a financial affidavit and the other parent will be required to do the same. In order to prove your income you should bring copies of the records showing your gross income, you should make sure to produce these records to the other parent or their attorney prior to the hearing. You should request income information from the other party, and if they do not provide it, you can send a subpoena directly to her employer.

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. You should allow for 10-14 days to produce is reasonable, since you have to allow time for service, etc. Contact the clerk to see how they will file and issue the subpoena for you.You need to make a copy for the file, one for opposing counsel and one to serve. There is no cost to file a subpoena.

You should present evidence of her prior fraud in your hearing to demonstrate that her income is higher, which will help strengthen your overall modification request.

3

Hi Crystal,

As part of the motion to modify process I understand that my initial disclosures are due within 15 days of filing. Is that an family court file/document? What’s to be included in such a disclosure? I take it this isn’t the same as a the financial affidavit. I’ve downloaded that and will have to turn it in. Please advise

Thanks as always,
Sidetracked

4

Crystal,

I’ve found the WAKE-DOM-17B initial disclosure document on Internet file for the courts. Is this the correct document to use/fill out for a Motion to Modify CS? Is there a more brief WAKE-DOM-??? form to use for Motions to Modify CS?

Thanks,
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5

Crystal,

Sorry for the scatological questions :slight_smile: What happens if I miss the date to submit the initial disclosures? If I don’t have it done. I understand that I can submit to modify them later, but just checking. I didn’t realize that I had to have them filed within 15 days, in fact, didn’t realize I needed to file them at all : (

thanks, again
SideTracked

6

You can read the rules regarding disclosures in Wake County here : http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/680.pdf
You will need to complete form WAKE-DOM-17A, so you were close.