Legal Question in Family Law in North Carolina

Subpoena income records in Child Support case

Me-custodial parent, lives in Virginia. Did live in Ohio where divorce and custody was granted. Have a support order for three children, collecting support through the Ohio Child Support Enforcement Agency in Ohio. Ex-now lives in North Carolina, income has increased (by 75%) and want the child support to reflect this. How do I go about getting a subpoena for his last two years tax records and current employment income information? Ohio C.S.E.A won't consider a modification unless I provide proof of higher income! I have proof of his owning two homes and three cars, but this is not enough! Any ideas?

Asked on 10/25/05, 2:10 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire
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Re: Subpoena income records in Child Support case

If you've lived in Virginia for six months have the Ohio Order domesticated in the Juvenile and Domestic Relations Court in the County in Virginia where you live. In Virginia you don;t necessarily have to go through DCSE. Start out by not going through them, file a Motion to Amend the prior support Order then issue subpoena to his employer and him personally for his tax returns and recent pay information. You can always get DCSE involved later. You're right, proof of assets doesn't get increased support. Income is the only thing that matters.

Good luck.

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10/25/05, 8:54 pm

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