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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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Steve, Can you provide some tips to defeat a protective order

Resolved Question:

Steve,
Can you provide some tips to defeat a protective order re: to limit mandatory financial docs, esp. the docs that are joint accounts which include a current spouse?
Submitted: 1 year ago.
Category: Family Law
Expert:  Fran-mod replied 1 year ago.
I will notify Steve for you that your question is waiting for him. He will see my message when he next checks his email.
Customer: replied 1 year ago.

Thank you

Expert:  Fran-mod replied 1 year ago.
You're welcome. I do not know his schedule this weekend, but if he is not around and you decide you want to open this up to other experts rather than continue to wait, please let me know.
Expert:  stevexo replied 1 year ago.
31 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. Sure I can. You need to make sure that the law on the issue you are concerned with, allows the addition of the spouses income to pay this debt to you.The problem is that generally the new husbands income is not relevant to, nor admissible to most issues concerning money from your ex, such as child support, alimony, property decision etc.You need to check the rules concerning the topic of the new husbands income being allowed to be utilized in your computation of support you seek, as if the income by statute is not to be considered, the strongest motion you could file will not have any effect unless the statute allows such income to be considered, as the general rule is that the ex spouse's new husband has no liability as to her debts concerning you and or the children. Thus before you file this, you need to make sure his income by statute can be considered as a matter of law on the issues you are trying to compel disclosure upon,as if not it will not be granted no matter how good your arguments are. Thus the biggest tip I can give you, is to make sure this income can be asked for and considered, as most times it cannot be. Until you verify this, there is no point in preparing for anything as it will be denies and never heard if by statute his income is irrelevant. That is the Sincerely, Steve
Customer: replied 1 year ago.

I am not wanting the mandatory disclosure to add husband's income to the equasion. I know spouse's income is not countable. However, The joint accounts include wife's assets and income that should be disclosed so that a proper calculation can be made. I need tips to defeat a protective order that shields joint accounts from being seen by me.

Expert:  stevexo replied 1 year ago.
Since you are not entitled to the husbands income, nor are you entitled to see monies that he deposits in any account wither it be separate or joint. A judge will not grant you the right to look at the entire account, as it is joint, and that means you would be income of the other party, which you are not entitled to. The problem here is that if you got a copy of the bank records which would only show deposits and balances,it would not aid you in seeing what the ex earned and deposited, as the account statement you get would not state or show who made these deposits and no way would disclose to you the question you want answered, and that is which monies in the account were generated by your ex. So to compel these records would not aid in answering your question, while at the same time giving you access to his income, to which you are not entitled. What you need is a court order for a supeona ducas tecum, which if granted gives you the right to subpoena from the bank the ex's personal deposits in that joint account which you are speaking about. Thus you would be able to get all of her deposits, which is what you are entitled to, and which is the issue, and at the same time the Court protects disclosure of his income which is privileged to you. No judge is just going to turn statements over to you which includes income you are not entitled to get.That is why you need to utilize the procedure I have outlined, so it is limited to her income. Besides this, since she is a party she should be sent motions to admit, which asks her questions under oath, and here I would ask to see if the correct total deposits you have computed from her deposits at the bank match what she says.But a blanket disclosure which involves both income, and then it is left to you to read all his deposits and also hers, and decide what you need, will not happen. To read the bank statements each month as you desire does not answer the question anyway as to which deposit was hers and which his, and thus you need to get the deposit slips from the bank, and then would be entitled to see the entries for any of her income.This is the way to go. Sincerely, XXXXX XXXXX Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 8 other Family Law Specialists are ready to help you
Expert:  stevexo replied 1 year ago.
Thank you so much for your generous tip! Steve

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