Legal Question in Family Law in Maryland
Help to Subpoena Wages
Is it possible to pay a lawyer to just write up a subpoena to the other parents employer to request a wage history/payroll schedule for proof but not represent me in court? I need to know the history because I believe the other parent lied to the court about how often they are paid and how much. I also believe that the other parent has received several pay increases and have not reported these updates. It has been 4 years since we have seen a judge and when we did this parent asked for a decrease.
2 Answers from Attorneys
Re: Help to Subpoena Wages
From your question, it sounds like you are trying to get an increase in child support. You first must file a court petition requesting the increase. The court will issue a summons directed to your ex and he will be required to bring pay stubs to court and to provide you with copies.
Once you activate the case, you can subpoena pay information from the ex's employer. The court has subpoena forms you can use which are easy to fill out. But if you don't really know what you are doing, it will be better in the long run to let a lawyer who is experienced in family law represent you. The court can require your ex to repay all or some of your attorney fees if you prevail in getting an increase.
Re: Help to Subpoena Wages
In order for there to be a change in child support, you would need to file for a modification of child support, citing an increase in wages or expenses by either party or for the child. During the pendency of the litigation, you would then be able to subpoena the wage information. However, until there is a case, you cannot subpoena information.
I would be happy to discuss your case with you further. If interested, please contact my office for a free intitial consultation.
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