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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I have been divorced for almost 10 years, remarried for almost

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I have been divorced for almost 10 years, remarried for almost 9. Presently I am involved in a modification of child support with my ex wife which I filed to reduce my child support. I am self employed.

My present wife has not worked in six years, since our daughter was born. During Discovery my ex wife's counsel subpoenaed my wife's creditors.

Since my wife is not a party to this litigation is this considered a common practice? So far as I know, a new spouses income is not counted as income. In this case there is no income.
DearCustomer- I see no relevance in your wife's creditors or their testimony. You can object based on relevance however I can't see that what they will say will have any effect on the outcome of the case. You are correct that her income has no bearing on the child support and therefore her debt shouldn't either. I'm not certain from your facts whether any reason was given for this request or how it could possible be related to your motion.
Customer: replied 5 years ago.

Dave

 

That's precisely the point. Defendant's counsel is "overreaching" in her approach to Discovery, issuing subpoenas as soon as Discovery was served, over 28 of them. Then near the end of Discovery issuing the subpoenas including my wife. There's a certain abuse of an officer of the courts power going on here.

There was no reason given as to why they included my wife as any income on her part would be considered inmaterial anyway.

I agree and you should file a motion to quash the subpoenas and also for sanctions for abuse of process. There simply is no basis for this and either the attorney doesn't know how to practice law or is simply being vindictive, neither of which you should have to endure.
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