Legal Question in Family Law in Missouri

Subpeona/Divorce Case

I have been served with a subpeona to provide financial information and to appear in court in the behalf of my boyfriends soon to be exwife.The attorney thinks I'm hiding money and that he is supporting me. Her attorney has subpeonaed and received mine and my ex husband's joint bank accounts,my rent records, which also includes joing credit history dating back to 1981. Now they want all financial documentation to see if my boyfriend is supporting me. What is your best advice for me, do I hire an attorney to have it quashed? Although, I have nothing to hide.Do they have a right to have credit reports and banking information dating back before my divorce? What is your advice for me overall? I was divorced in November 2004.


Asked on 1/24/07, 12:34 pm

1 Answer from Attorneys

Penny Umstattd-Cope The Umstattd-Cope Law Firm, LLC

Re: Subpeona/Divorce Case

I would hire an attorney not only to try to quash the subpoena but also to put a time limit on the information the other side can have should it not be quashed. I would also have the attorney ask for a protective order so that your financial information is not made public, that the other side has to return all documents to you or not provide them to anyone else, etc. Without specifics on your case I cannot state if what the other side has requested is relevant to the issues being presented. Factors to consider would be how long you and the boyfriend have been involved, if you are working and seeming to live above your income, if your boyfriend is working and cannot explain where the money has disappeared to, etc. My best advice is to consult an attorney and have him/her do the things I first listed.

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Answered on 1/24/07, 1:58 pm


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