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schollomon
schollomon, Lawyer
Category: Family Law
Satisfied Customers: 55
Experience:  I am a practicing attorney in Houston, Texas. I specialize in family,employment, personal injury and workers' compensation law.
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I am going through a divorce and my husband will not turn over

Customer Question

I am going through a divorce and my husband will not turn over his work invoices to me. I know he makes a lot of money from one compay and they say they will not get those for me. My ex is self employed and I know this business has paid him cash under the table before. What is the easiest way to get those invoices?
Submitted: 1 year ago.
Category: Family Law
Expert:  schollomon replied 1 year ago.

schollomon :

It sounds like you might need to petition the court for a subpoena to obtain the invoices. You would need to prepare a request for subpoena of the invoices/records and inform the court why this information is relevant and necessary to the proceedings. If the court grants your request for subpoena, the company would have to produce the invoices/records by a certain date or allow you to come to their propery and personally inspect the records. I also strongly suggest serving discovery requests: Interrogatories, Requests for Admission and Requests for Production if you have not already done so.

schollomon :

I sincerely hope this information has been helpful to you; and if you have any follow up questions, I would be happy to address those as well.

Customer :

Okay - please explain to me what the requests do. I am not sure how to do all of this and working with an attorney is getting to expensive, I can't afford to feed my kids right now and I'm living off others while trying to get this taken care of.

schollomon :

The discovery requests are questions you send to the other party that they are required to answer unless they have a valid legal objection to the requests. You can request things like copies of the invoices using the discovery requests. You can use the Just Answer website or Pearl.com to help you find forms for your discovery requests. That way, you can take a look at the forms and tailor them to your case. You should also be able to find forms to request that the court issue a subpoena for the records if your ex still does not respond to your discovery requests.

Customer :

So I can file a discovery request before a subpoena and ask specifically for the documents - I believe he has already been served with those but has ignored them.

schollomon :

Yes, you can and should file the discovery request prior to requesting the subpoena. Parties to a lawsuit are required to respond to and answer reasonable discovery requests. And you will need to be able to show the court that you have first tried to get the relevant and important information through discovery before asking the court to issue a subpoena for the records.

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