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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 27194
Experience:  Former judicial law clerk, lawyer
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I need to find out if a person is working JA: Got it. The

Customer Question

I need to find out if a person is working
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Her name is***** & she lives in Jacksonville Beach, Florida. She is divorced from my brother & now she is trying to get spousal support from his disability check.
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: She has contacted a lawyer in New Mexico & her lawyer is trying to say he committed frand by not posting the divorce but he paid a lawyer there to file the divorce & thought the lawyer handled it.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your brother's situation.

The first thing for your brother to do is contact the lawyer who was supposed to be handling the case for him and ask him to send proof of how the wife was served with notice of the divorce, because he's going to need that. If it was posted in the newspaper, he should get copies of that paper. That will help, but if she wasn't personally served with notice of the case, she may still be able to reopen things like alimony (it's not fraud, though, by any stretch of the imagination).

One way to prove whether someone is working is to get a copy of their tax returns. He can serve her with a Request for Production of Documents asking her to produce her tax returns during the time they've been separated. He can also ask her to produce her bank statements, which he can comb through for deposits and withdrawals. He can look at her credit card statements to see if she has a spending pattern consistent with someone who makes more than they're claiming. He can look at social media to see if any of her posts evidence a specific job, and to talk to her friends and family members. And if none of that yields any results, he could yield a private investigator to see what she does all day long.

A local attorney (in Florida) can also subpoena her bank statements if she won't produce them. They could also subpoena text messages from the cell phone company which potentially could give some insight into what she does all day long.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

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