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Got divorce in St joseph MI 2 years ago. Spouse( Breadwinner…

Customer Question
Got divorce in St...

Got divorce in St joseph MI 2 years ago. Spouse( Breadwinner ) lost his job and found another job 100 miles away in Indiana, We think he is not reporting

Lawyer's Assistant: What steps have you taken? Have you filed any papers in MI family court?

His new salary which we believe to be $20-30,000 higher than reported

Lawyer's Assistant: Have you talked to a lawyer about this yet?

To court. Can his new job/salary information be subpeonaed from his new employer and do they have to respond to the order? Have very limited turns and try not to run up my bill. Please help!

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this moment.

Submitted: 3 months ago.Category: Family Law
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Answered in 2 hours by:
3/29/2018
Family Lawyer: Jessica B,
 replied 3 months ago
Jessica B
Category: Family Law
Satisfied Customers: 1,680
Experience: Attorney at Donald B. Linsky & Associates, PA
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Family Lawyer: Jessica B,
 replied 3 months ago

Your attorney may ask for documents through formal "discovery," including written requests for documents and information. Once a request for discovery has been served, your ex must turn over any documents that are relevant to the case. Exes that refuse to produce documents can be held in contempt of court and punished with fines and even jail time in extreme cases.

You can also send open-ended questions to your ex called “interrogatories,” which your ex must answer under penalty of perjury. Interrogatories are useful when you need to ask your ex to list all of his assets, and you don’t know what all is out there. Your attorney can also flesh out your ex’s responses by taking your ex’s deposition.

If your ex hides an asset that’s later discovered, the court could punish him, and your ex may lose credibility in the rest of the case.

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Family Lawyer: Jessica B,
 replied 3 months ago

First, you may choose to send a subpoena for documents, asking for any documentation relevant to issues of compensation, discipline, expense accounts, and the like. While your ex may be willing to lie about compensation, an employer is much less likely to falsify information in a court case.

You can also send a subpoena for a deposition, requiring the employer to produce relevant documents and answer questions in person, under oath. At a deposition you and your attorney may learn the full story of any disciplinary problems, or information about stock options or deferred compensation that you might not discover otherwise. While you generally want to exhaust other options first, in contentious cases, a deposition is often the only way to get the information you need.

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Family Lawyer: Jessica B,
 replied 3 months ago

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