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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37117
Experience:  I provide family and divorce law advice to my clients in my firm.
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I might be subpoenaed to testify in a child custody case involving

Resolved Question:

I might be subpoenaed to testify in a child custody case involving my boyfriend. His ex-wife has spent the last 12 years dragging my boyfriend in and out of court. She is now asking the courts to subpoena me, because she believes that we are "secretly" married. She is trying to sue me for child support...is this even possible?

My boyfriend and I have lived together for 7 years. We have no intentions of getting married. I do not share any bank accounts, credit cards or retirement accounts with him. I own the house we live in...he is not on any documents. We live completely separate lives on paper.

I'm concerned she might try to prove we are in a common law marriage, which is not the case. I live in Utah...the court is in New Hampshire.

She is asking for all of my financial records, bills and tax returns. Is that allowed? I feel as though I'm being violated! I will hire an attorney if I do actually get subpoenaed, but I need some answers to have piece of mind until then.

Is it possible for her to sue ME for child support? Can she really drag me into court and have access to my personal information? Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Good grief, this person seems to be a special kind of litigant. I am genuinely sorry that you are in the middle of all this.

To answer directly, if she is claiming that you and the boyfriend are in a relationship, as his partner or 'spouse' she can indeed request your records. However if you claim that you are NOT married, that you are not in the same household (you do not live together or if you do you file taxes separately and have never 'held yourselves out' as married), her request would have no merit. For that you may want to consider retaining counsel.

Furthermore she cannot file against you for child support, this is not your child and not your responsibility. If she is able to convince he courts that you are married she could pursue joint assets (like joint bank accounts if any) for support, but you personally cannot be made to pay these expenses. Here is the statute that she is probably attempting to hinge this under:

30-1-4.5. Validity of marriage not solemnized.
(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that it arises out of a contract between a man and a woman who:
(a) are of legal age and capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.
(2) The determination or establishment of a marriage under this section must occur during the relationship described in Subsection (1), or within one year following the termination of that relationship. Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.
Amended by Chapter 261, 2004 General Session

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37117
Experience: I provide family and divorce law advice to my clients in my firm.
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