What, if any, is the time frame to file an Objection to a Subpoena prior to a Court date? Must the Objection to the Subpoena be sent via certified mail or will regular mail suffice? Also, just because an Objection to a Subpoena is filed, does that make it “final” or does the objecting party still have to make the requested information available on the said Court date until the Judge makes a ruling on their objection?
Can a counter objection be filed to the party who objects the initial subpoena compelling them to provide/produce requested information? Can I dispute their objection? The item being objected was proof of how child support was spent 1/1/08 to present -in general, clothing, shoes, groceries,etc which should easily be available to a custodial parent by merely reviewing their checkbook, bank statements or visa statements. How could this be considered irrelevant or excessive when it’s concerning the child & their child support-unless the opposing party has nothing to show for how it was spent, which is unconceivable.
thanks for the sanity~ appreciated more than you know!
An objection to a subpoena must be made within ten (10) days of service of the same. I suggest sending it via certified mail so you have proof it was timely sent.
I suggest you take the requested materials with you to court, in the event the judge overrules your objection and order you to comply with he subpoena.
The judge will hear your objection and the opposing side’s counter argument that day in court.
I’m sorry- to clarify I DID comply and provide all the requested materials per their subpoena (bank records, tax returns, etc) the day we went to Court. Since I did not want to settle with them out of Court, my ex wife & her attorney postponed until this month (10/15/10) therefore I sent them a subpoena 10/4/10 requesting the same items as they had,i.e. taxes, bank statements, paystubs and I also requested proof of how she has spent child support on my son specifically clothing, shoes, groceries for the past 2 yrs- as he never has any clothing or shoes & my current wife & I always buy theses items for him in addition to paying in excess of $500 month child support. My ex wife & her attorney recently sent an objection to 1 item within my subpoena, post marked 10/8/10 via regular mail objecting to providing proof of how she spent child support stateing it was irrelevant & excessive. Since they sent their objection to 1 item within my subpoena with less than 10 days prior to 10/15 court date- will they still have to bring to Court proof of how she has spent child support? (clothing/shoes/groceries) is this something that is ever addressed in Court?
What can a non custodial parent do if they feel the child support is not being rightfully used for the benefit of the child? Again, I understand a portion of child support is used to provide food & shelter but is it unreasonable to expect the custodial parent, whom is receiving the child support, to actually spend a portion on the child directly say $50-100 per month for clothing/shoes etc? Are there any guidelines to go by how child support should be “broken down” per se?
Thanks~
No, they can object to the subpoena within ten days of their receipt of the same.
The guidelines do not provide for a break down of how support should be spent, and a court will not require an accounting for the same.