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lwpat, Lawyer
Category: Family Law
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Experience:  Practicing family law attorney
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hypothetical question - going through divorce, almost at the

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hypothetical question - going through divorce, almost at the end. wife is a hairdresser and hides most cash. her appointment book was subpoenaed and it shows how many appointments she has daily. suppose I could log into her bank account and actually view her deposit slips and save the electronic picture of them, which show the number of checks versus cash. example: january 1st she could have 18 appointments in her book, the next day she makes a deposit slip that shows 9 checks on it totalling $450 and a cash deposit of $20. If this repeated for say 6 months or so, one may be able to deduce that the average appointment was $50 and she had 18 appointments but only depositted 9 checks, leaving 9 cash customers. one may also deduce that since the average appointment is $50, that she may have pocketed $450 minus the $20 cash deposit. It may not be exactly this way but you get the idea. Hypothetically if she had accused me of having passwords to her emails and the judge ordered us not to go into each others accounts several months ago. What is a way, excuse or whatever that I could present this evidence that could not get me in trouble? Otherwise she just gets out scott free, as she is seeking permanent lifetime alimony because they say my earnings potential is higher than hers is. There is no time left to subpoena the bank stuff, and the pictures of the deposit slips do not stay online but 6 months so any older they are gone.
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.

The only legal way to obtain the information is with a subpoena. I assume that you are representing yourself which is a big mistake if that is what is happening. If not, your attorney can give you a subpoena and then a third party can serve it on the bank. In most cases I simply fax it to the bank's legal department. Usually it only takes a couple of days to get the information so I am not sure why you don't have time. Your attorney should have already subpoenaed her bank records and may have them since that is basic in a divorce action.

In order to introduce the information into evidence you are going to have to show that it was legally obtained and that means by subpoena.

Based on her appointment book you should be able to calculate her earnings. My wife was a hairdresser for 40 years. The other issue is how many paid by credit card which is now typical these days and how those were handled. You can look on those for tips and also come up with an average for tips based on the number of customers. I would also want to see any credit cards she may have and what she spends. In other words, how much does she pay out for rent, car insurance, utilities, booth rental, supplies etc. That way you can also back into her income. I have even done a schedule of expenses and submitted it as proof of income.

Another way is to depose her and ask her to produce the bank records at the deposition and then you can ask questions based on those records.

Customer: replied 4 years ago.

the attorney did subpoena them but they do not show images for the deposit slips. i had to drop my attorney, they ran me out of money

You have to specifically request the deposit slips in the subpoena. You can prepare a subpoena and have it signed by the clerk of the court.
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