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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 2095
Experience:  Practicing Attorney with 10 years experience
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I am going through a divorce in CA. and discovered an

Customer Question

I am going through a divorce in CA. and discovered an account my husband did not disclose. This account is a second bank account in the corporations name that he runs. From this account he wrote checks in both our names and deposited into my account for support monthly for years before the date of separation and I have copies of these checks. Also this money is not claimed on our tax returns. How can or can I get records of this bank account or the corporations records since they are a third party?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has anything been filed or reported?
Customer: do you mean income tax or with the court?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
It is California law........Not Canada
Expert:  Asad Rahman replied 5 months ago.

You can specifically request information regarding this in discovery or you can submit a subpoena to the entity where the account is held.

Customer: replied 5 months ago.
but the corporation is a third party my question is can I subpoena a third party to get the records my husband will not provide these records as they are the corporations bank records. The checks from that account were for deposit into my bank account/
Expert:  Asad Rahman replied 5 months ago.

Yes, you can. I would also file a motion to compel against your husband as well.

Customer: replied 5 months ago.
I can do this by sending a subpoena to the corporation but wouldn't the judge have to approve the subpoena? Or would I have to join the corporation to my divorce? It is important because none of this money was claimed as income on our taxes and all without my knowledge
Expert:  Asad Rahman replied 5 months ago.

No, you do not have to join the corporation. Sending them the subpoena that you filed with the court should be satisfactory.

Customer: replied 5 months ago.
If I understand you correctly I need to send a subpoena to the corporation for the bank records on the account my husband was using for personal purposes.......Thank you.
Expert:  Asad Rahman replied 5 months ago.

Yes that is my read of the situation.

Customer: replied 5 months ago.
Thank you for the help
Expert:  Asad Rahman replied 5 months ago.

Sure. If you have no further questions a positive rating of 5 stars would be greatly appreciated.