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dkennedy
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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How can I obtain an subpeonea to send to his employer? I still

Customer Question

How can I obtain an subpeonea to send to his employer? I still owe my atty 30k and dont want to bother him with this.

His lifestyle goes far beyond him not working and waiting for social security.

He still has made no effort to see my son and my feeling now is that as long as he doesnt push to see him i would modify child support. i think their game plan is once they get married and shes allowed around my son they will be a constant thorn in my side.

I have all the paper work from child support, but she said they wont help me prove hes working under the table and that i need to file directly with court.
Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : What are you trying to subpoena? Documents or a person?
Customer: This question was intended for DKennedy...Im not sure why it has the link to "ask ME another question" and it gets forwards to the general inbox. I am so sorry!
LADY LAWYER : Hi, no worries! I will opt out so he can answer. Thanks!
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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Expert:  dkennedy replied 1 year ago.
Hi, Nice to hear from you again! You will need to go to the courthouse and ask for some blank subpoena papers. Some jurisdictions will require that the personnel at the courthouse put the name of the case and case number XXXXX them, some don't. Your lawyer will not be very happy at you doing this pro se (without counsel) Ask for subpoena duces tecum, which means in laymen's terms "produce the stuff"--be it documents, printouts, business records, W4 forms or whatever you are asking for. Sometimes they are separate from regular subpoena demanding someone show up for court. Fill out what you are asking for and have it served to the appropriate person Please ask any follow up questions.
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Expert:  dkennedy replied 1 year ago.
I'm going offline soon, but will check early in the morning for your reply. I know this is important to you.
Customer: replied 1 year ago.
Im just trying to get my ducks lined up. I still owe my attorney $30K and everytime HE sends out a subpeonea its $600. My ex has not seen my son for 14 months. He proposed to his girlfriend and from what I hear the wedding is next year. I am sure once they are married they will push to see my son. My feeling is....if you want to step up and actually BE A FATHER, report your income and support your child. Until then, I will accept the pennies the Judge ordered and as long as he stays away I will deal. If I send an email stating that I will not force child support if you stay away, could I get into trouble? I mean, come on, you didnt even send him Christmas gifts or acknowledge my sons first birthday.
Expert:  dkennedy replied 1 year ago.

Good morning, I would not send that email, (nothing in writing) but I think he has the picture I've been through this a hundred times. If you push the child support, he will push again, for the visitation. Now, with his record, he won't win more visitation, or even any probably, but there goes another $10,000 or so in attorney fees. If you push him, he will push you (visitation-wise) back and although he's a loser and it will be obvious in court, ask yourself if you want to keep this going You know me by now, and know that I'm just being frank with you I would let it alone, and do without more support, so that he stays away Don't be mad at my advice, but please reply with your thoughts.

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
How could I EVER be mad at YOU? Youve really been there and helped me through this whole mess. I DONT want to push him for more money. I just want to be able to prove to social security and the IRS that hes the scumbbag we all know. If he pushes I want the evidence to push RIGHT back.

A friend mentioned to me today... since hes missed over a year and few months of visitation...could his visitation be revoked? or will be just be allowed to miss whenever he wants and I have to hand my son over to a complete stranger?
Customer: replied 1 year ago.
How could I EVER be mad at YOU? Youve really been there and helped me through this whole mess. I DONT want to push him for more money. I just want to be able to prove to social security and the IRS that hes the scumbbag we all know. If he pushes I want the evidence to push RIGHT back.

A friend mentioned to me today... since hes missed over a year and few months of visitation...could his visitation be revoked? or will be just be allowed to miss whenever he wants and I have to hand my son over to a complete stranger?








Expert:  dkennedy replied 1 year ago.

The visitation could be severely limited but I would confidently say (unfortunately) that no judge would completely revoke the right for a father to visit his child, no matter if he missed years of visits. He might adjust to more supervised, etc. however.

 

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I understand. So from what Im being told... hes marrying her in September. I expect NO visits until after that date. Once he emails and asks to visit, am I within my legal rights to say please contact your attorney to contact my attorney to go back to mediation since the agreement on reecords is almost a year old and completly out of date?
Customer: replied 1 year ago.

I understand. So from what Im being told... hes marrying her in September. I expect NO visits until after that date. Once he emails and asks to visit, am I within my legal rights to say please contact your attorney to contact my attorney to go back to mediation since the agreement on reecords is almost a year old and completly out of date?

Expert:  dkennedy replied 1 year ago.

Yes, because he was supposed to start the visits prior to this whole marriage thing and he didn't do it. He wants to just take the child after he marries and you should not let him. To me, the whole thing needs to be re-determined.

 

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


you know how paranoid i am... what do you mean by "the whole thing needs to be re-determined"?

Customer: replied 1 year ago.

Rec'd this email from him tonight. I have heard nothing from him since march when he asked if i would meet him with his fiance and kids to see easter bunny...what a joke... please review and let me know if i should respond or not..i wrote and email, but was out of anger..


 


XXXxx,

We hope you are doing well. This half of your family misses you and we wish we
could see you. You are constantly in our thoughts and we pray that circumstances
will change soon. We know God has a plan and he is watching over you! Love and
miss you buddy!!


my drafted responce.




xxx,

This email was extremely passive aggressive. How am I supposed to respond to this?

NO ONE HAS KEPT YOU AWAY FROM SEEING HIM OTHER THEN YOURSELF. You want the truth, lets lay it out there. From the day I told you I was pregnant, you wanted nothing to do with this. You left me 8 months pregnant for an 18 year old GIRL you met ON THE JOB! You then tried to force her down my throat instead of being a MAN and letting YOUR WIFE give birth to my child and enjoy it. You constantly tortured me during our divorce and dragged it out. And along the way you impregnated her. My attorney and YOUR attorney told you to KEEP HER AWAY, it wasn't the right time and was highly inappropriate. You chose not to listen. You then fired your attorney and hired that piece of shit, Shit-tell (a nickname YOU gave him I might add).

You haven't seen my son since April 10, 2012. You have seen him a total on 3 hours and 45 minutes since he was born. In what world can you justify this?

We went to mediation and came to an agreement. YOU are the one that didn't show up. I had NOTHING to do with that. You are SICK! You lost your job because you didn't want to pay $950.00 a month in child support. You told attorneys and judges that you were moving to Warsaw, Ohio and then settled in Gettysburg, Pa.

You work under the table to provide for your fiance and son you have with her all while paying MINIMAL child support. You have a brand new trailer, a truck payment of over $1,000, the Focus, all your monthly expenses, and a wedding in the near future and you want to TRY and FORCE everyone to believe she is working and making enough to support you and a family. I call BS. You are a joke.

You want to step up to the plate and START SUPPORTING my son, then get your income on the books, modify child support and begin visitation. Its been so long that we must go back to mediation to get a new agreement on the books. The testimony given at our divorce trail just goes to show you how sick you truly are. You cannot be trusted with an infant and I will not allow my son to be subjected to your sickness.

You didn't even acknowledge his first birthday.

Do not contact me anymore. Anything else really needs to be done thru legal counsel.

 

Expert:  dkennedy replied 1 year ago.

Nice to hear from you again!

 

Did you send this to him already?

 

Customer: replied 1 year ago.


didnt send it... typed out of anger and i wanted to get your opinion before i sent final... or if i should respond at all

Customer: replied 1 year ago.

didnt send it... typed out of anger and i wanted to get your opinion before i sent final... or if i should respond at all



Expert:  dkennedy replied 1 year ago.
I typed a nice, long winded reply which disappeared apparently into thin air. So, here we go again. Please don't send your email. Whatever you put in writing, email or texting these days can end up in front of a courtroom and you don't want that. Besides, he knows your son can't read that, he just did it to enrage you. Don't give him the satisfaction. I would either ignore it altogether, or send a civilly worded reply telling him thanks for the prayers and telling him too bad he's been too busy for 15 months to see his son he claims to miss so much. And then leave it at that. Write all the nasty things you want, just don't send them. You cannot take it back and you shouldn't lower yourself to his level.
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Dont you hate it when that happens?:)


 


How about this:


 


"Thank you for the prayers and well wishs for Dylan.


 


Its just too bad that you have been too busy to see him over the past 15 months. You claim to miss him and love him so much, but you have put forth zero effort to show up for scheduled visitation. To date you have missed 73 scheduled visitations."


 


 

Customer: replied 1 year ago.


This was my reply, short, sweet and to the point:




xxx,

Thank you for the prayers and well wishes for xxxxx.

Its just too bad that you have been too busy to see him over since he was born over 18 months ago. You've seen him a total of 3 hours and 45 minutes.

You claim to miss him and love him so much, yet you have put forth zero effort to show up for scheduled visitations. To date you have missed 73 scheduled visitations.

xxxx
Customer: replied 1 year ago.


I FOUND HIM! I found where hes working now. Called the company and acted like a potential client. And she confirmed he's working there.


 


What do I do now? Call my attorney? Call child support? Need help because I am literally shaking now. All those emails between us from last week and he stated he hasnt been working nor has he worked since last year...

Expert:  dkennedy replied 1 year ago.

GOOD FOR YOU!! Tell your attorney and child support. However, child support will take a long time and your attorney should file a contempt action on him for not reporting his employment and/or lying about it. Can I hire you for my PI? LOL

dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


this is what i proposed to my attorney:


 


Re-open case. send subpeonea out to place of employment and request all his employment records, etc. Date of hire and earnings to date.


Get child support modified and updated.


When modified, give him option of paying high child support OR only pay $200 a month and sign over all parental rights and visitation and consent to change my sons last name to mine.


If he DOESN'T agree to this, we will then forward all information to IRS and Social Security and file contempt charges for not showing up for court ordered visitation and reporting his employment change..PLUS be able to prove purposly impoverishing himself to the Judge...


i want my attorney to send a letter before filing to give him option... should i ask him to do that or just file contempt?
Expert:  dkennedy replied 1 year ago.
I would send the proposal before the contempt. However, signing over the parental rights would negate all of his legal obligation to pay support. It's an "either/or" situation. Of course, you might want to forego the money to just get him out of your lives.
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


my attorney told me in order to terminate parental rights my son would need to be adopted. is this the case in maryland?


 


i want him GONE! NO father is better then a father like him...


 


i just dont want my attorney to say terminating parental rights cannot be done.


 


im done with his antics, he doesnt give a crap about my son

Expert:  dkennedy replied 1 year ago.
I could not find any law in Maryland that says there must be an adoption. In fact, it said one parent can voluntarily terminate his or her parental rights in favor of the other parent. However, in most states, the courts do not like to terminate a parent's parental rights voluntarily. The reasons? no chance of child support, possible inheritance, social security, etc. But, they do it anyway and I don't believe that there is a law against it. Now, your lawyer might know that the local courts do not favor this--which is different that being against the law. Also, some lawyers don't know anything about this because it is a rare occurrence.
dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience: JD Degree, Social Service Experience, Child Support Officer
dkennedy and 5 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Great. Thank you for that. I spoke with him Friday and he wants to meet for me to show him what ive got. he wants to modify child support and i was this sob gone from our lives... BUT if what i want cannot happen....


 


Since we can now prove that he purposly impoverished himself... Can a judge award back child support? He boo hoo'd in front of a just for four hours one month then less then a month later her purchased a home for 79k with his fiance... he also told the judge that he car was going to be repossed since he couldnt afford 800 monthly payment... he still has his vehicle along with a brand new 35k car he purchased for her... he lied..hes hiding and now it can all be proven.

Customer: replied 1 year ago.


Great. Thank you for that. I spoke with him Friday and he wants to meet for me to show him what ive got. he wants to modify child support and i was this sob gone from our lives... BUT if what i want cannot happen....


 


Since we can now prove that he purposly impoverished himself... Can a judge award back child support? He boo hoo'd in front of a just for four hours one month then less then a month later her purchased a home for 63k with his fiance... he also told the judge that he car was going to be repossed since he couldnt afford 800 monthly payment... he still has his vehicle along with a brand new 35k car he purchased for her... he lied..hes hiding and now it can all be proven.

Expert:  dkennedy replied 1 year ago.
I've never encountered a court "going back" and raising the child support, however, I have heard of them "upping it" quite a bit when they find out someone has lied to the court. Also, they could require him to pay for private schooling, etc. etc. if they don't want to go "off the guidelines" but still want to punish him. Keep pushing the support and he'll be softened up more to terminate his parental rights.

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