bluesingincat
Junior Member
Wow!
Thank you everyone! lol
The fact is I haven't been ordered by any court tp produce my bank statements, ect. It was a request for production of documents from my ex's attorney. Secondly, my ex has not paid a dime EVER. You would laugh if I told you the outrageously minimal amount of child support our contract stipulates he is to pay. Just for the record, my ex has made a substantially higher income than I for every year he has been in arrearage. The document we had was contractual only and rather complicated. If the opposing attorney wants to subpoena my records from the bank, he has the legal right to do so. BUT, he must meet and prove, the requirements of the exceptions to the right to financial privacy act. The only exceptions that apply would be if:
1. I authorize the release of records, ( no way
)
2. there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry; ( law enforcement doesn't apply to civil court)
3. The records are part of a search warrant or arrest warrant procedure.(nope)
Even if a subpoena is issued, I have the right to quash it, as long as I do it within 14 days. I have been investigating this issue and I have discovered many things. I personally beleive that producing my bank statements and/or cancelled checks is an invasion of my privacy. Those records don't merely reflect monies, but are records of one's intimate life and record much of what a person does from day to day. I don't have to be "hiding" something to feel I have had my privacy breeched. If I were earning money "under the table", that would be illegal. If the opposing attorney has reason to believe I am breaking the law, then he must provide some evidence as to why he beleives so, to support his request to subpeona my records. The only exception to the privacy act that he would have available to him, would be suspicion of a illegal act on my part in regards to my income. He has no such evidence to support his suspicion. He has never met me. My ex has nothing to base such a belief on either. I live humbly. I am a law abiding citizen with no record of arrest or suspicion. The financial privacy act was enacted for good reason. If my neighbor owed me money from a contractual agreement between us,and he told me he was unemployed and could not pay, but I saw him bring home a mercedes one day and watched as he remodeled his home from top to bottom the next, I would have some evidence to bring in to court to support my request to have his bank records subpeoned. BUT, if he merely didn't pay, proving through his tax returns that he was indeed unemployed, and I requested a subpeona to be signed my the officiating judge because " He might be making money on the side", the judge would laugh me out of court. That's why the act uses specific terms, such as law enforcement investigation. In order for law investigation to take place, there must be a breech of the law, or evidence of a breech. I think you guys are great, though. It is really helpful to hear opposing views.
Peace.
Thank you everyone! lol
The fact is I haven't been ordered by any court tp produce my bank statements, ect. It was a request for production of documents from my ex's attorney. Secondly, my ex has not paid a dime EVER. You would laugh if I told you the outrageously minimal amount of child support our contract stipulates he is to pay. Just for the record, my ex has made a substantially higher income than I for every year he has been in arrearage. The document we had was contractual only and rather complicated. If the opposing attorney wants to subpoena my records from the bank, he has the legal right to do so. BUT, he must meet and prove, the requirements of the exceptions to the right to financial privacy act. The only exceptions that apply would be if:
1. I authorize the release of records, ( no way
)2. there is reason to believe that the records sought are relevant to a legitimate law enforcement inquiry; ( law enforcement doesn't apply to civil court)
3. The records are part of a search warrant or arrest warrant procedure.(nope)
Even if a subpoena is issued, I have the right to quash it, as long as I do it within 14 days. I have been investigating this issue and I have discovered many things. I personally beleive that producing my bank statements and/or cancelled checks is an invasion of my privacy. Those records don't merely reflect monies, but are records of one's intimate life and record much of what a person does from day to day. I don't have to be "hiding" something to feel I have had my privacy breeched. If I were earning money "under the table", that would be illegal. If the opposing attorney has reason to believe I am breaking the law, then he must provide some evidence as to why he beleives so, to support his request to subpeona my records. The only exception to the privacy act that he would have available to him, would be suspicion of a illegal act on my part in regards to my income. He has no such evidence to support his suspicion. He has never met me. My ex has nothing to base such a belief on either. I live humbly. I am a law abiding citizen with no record of arrest or suspicion. The financial privacy act was enacted for good reason. If my neighbor owed me money from a contractual agreement between us,and he told me he was unemployed and could not pay, but I saw him bring home a mercedes one day and watched as he remodeled his home from top to bottom the next, I would have some evidence to bring in to court to support my request to have his bank records subpeoned. BUT, if he merely didn't pay, proving through his tax returns that he was indeed unemployed, and I requested a subpeona to be signed my the officiating judge because " He might be making money on the side", the judge would laugh me out of court. That's why the act uses specific terms, such as law enforcement investigation. In order for law investigation to take place, there must be a breech of the law, or evidence of a breech. I think you guys are great, though. It is really helpful to hear opposing views.
Peace.
