Subpoena for husbands child support

[dcsr]

What is the name of your state?Ohio

I have been served a subpoena to give a deposition, what is that? They are asking for all sorts of financial documents, some I have and know what they are, and some that I have no clue as to what they are asking for. Husband is in arrearage, and has a "Contempt of Court" charge against him. Should I get my own attorney or use one he may get? In the subpoena, they are asking for any gifts over $100. and the date of the gift. I don't necessarily have all the dates. What happens then? Also, this deposition is scheduled when we will be on vacation, will the courts reschedule this? Any & all help would be great.

 

[LdiJ]

What is the name of your state?Ohio

I have been served a subpoena to give a deposition, what is that? They are asking for all sorts of financial documents, some I have and know what they are, and some that I have no clue as to what they are asking for. Husband is in arrearage, and has a "Contempt of Court" charge against him. Should I get my own attorney or use one he may get? In the subpoena, they are asking for any gifts over $100. and the date of the gift. I don't necessarily have all the dates. What happens then? Also, this deposition is scheduled when we will be on vacation, will the courts reschedule this? Any & all help would be great.

Her attorney believes that your husband has money or assets that can be attached, or is hiding money or assets, or that you have a high enough income to support your household so that more of his income can be attached for the arrearages..or something of that nature. The deposition is a "fishing trip" to try and find out the exact status of you and your husband's financial circumstances.

If your situation is ordinary...then her attorney appears to be using "overkill" in my opinion....and is asking you to provide information that you really aren't obligated to provide.

If you have significant income or assets of your own, then yes, I think it would be wise for you to have your own attorney look at that supeona and advise you. Your attorney would also be able to arrange to reschedule the deposition so that it doesn't conflict with your vacation.

 

[I AM ALWAYS LIABLE]

What is the name of your state?Ohio

"Husband is in arrearage, and has a "Contempt of Court" charge against him."

"we will be on vacation"

My response:

Hey, Bimbo - - do you see anything wrong with that picture?

Here's a prediction. The next vacation your husband goes on will be at county expense. He'll also have a nice view of the basketball hoops in the yard, and the fourth "wall" in his room will be made of bars. His room service will consist of Bubba nudging his anus in the morning.

IAAL

 

[tigger22472]

My response:

Hey, Bimbo - - do you see anything wrong with that picture?

Here's a prediction. The next vacation your husband goes on will be at county expense. He'll also have a nice view of the basketball hoops in the yard, and the fourth "wall" in his room will be made of bars. His room service will consist of Bubba nudging his anus in the morning.

IAAL

Oh thank you!! Thank you!! I wanted so much to say that.. even refered to it somewhere else...wonder if the kids are going on that vacation too...

 

[I AM ALWAYS LIABLE]

My response:

What's funny about this Bimbo's post is that she writes her situation as if she has no "clue". And guess what? She doesn't.

There's a child out there that needs the "basic necessities of life" and has no idea that her husband has an "obligation" to supply those necessities. She's more concerned that the deposition is going to conflict with both of their "vacation".

Hello? Anybody in there? Knock-knock, lady! Hello?

Here's a clue: That vacation money should be sent to Momma Bear.

IAAL

 

[LdiJ]

My response:

What's funny about this Bimbo's post is that she writes her situation as if she has no "clue". And guess what? She doesn't.

There's a child out there that needs the "basic necessities of life" and has no idea that her husband has an "obligation" to supply those necessities. She's more concerned that the deposition is going to conflict with both of their "vacation".

Hello? Anybody in there? Knock-knock, lady! Hello?

Here's a clue: That vacation money should be sent to Momma Bear.

IAAL

I know this is going to get me slammed, but you are assuming that her husband is the "breadwinner" in her family when that might not be the case.
We don't even know how recent her marriage is.

 

[tigger22472]

I know this is going to get me slammed, but you are assuming that her husband is the "breadwinner" in her family when that might not be the case.
We don't even know how recent her marriage is.

Personally I don't think it matters. I realize we as step-parents have no rights and our income is not included when figuring support but when you marry someone who has kids and owes support it then becomes a packaged deal IMO. Doesn't matter if he is the breadwinner or if she is... that is a BILL in their household. She doesn't have a LEGAL right to pay that support but she damn sure has a moral one.

 

[I AM ALWAYS LIABLE]

I know this is going to get me slammed, but you are assuming that her husband is the "breadwinner" in her family when that might not be the case.
We don't even know how recent her marriage is.

My response:

Oh, yeah - - you're going to get "slammed", alright.

What the hell does your comments have to do with the price of eggs in China?

Who cares whether she's the "breadwinner"?

Here's all that's necessary to know: ""Husband is in arrearage, and has a "Contempt of Court" charge against him."

So, our writer knows her husband has arrearages, and has a Contempt of Court hearing coming up. What more do you need to know?

All she's concerned about is that the deposition is conflicting with her, and his, vacation schedule. Well, that ain't the only thing she's going to be concerned about!

Like I said, and regardless of who the "breadwinner" might be, her husband is going off to Alcatraz for a little "vacation" time - - time enough to think about never being in arrears again, and to put off those "vacations" when there's a child out there needing support. Oh, yeah. He'll learn.

IAAL

 

[stealth2]

At some point, hubby had an income that lead to the support ordered. For whatever reason, he stopped paying that amount - and if it was for what could be considered a legitimate reduction in income (i.e. layoff), he didn't get a modification. Apparently, husband and present wife lead a lifestyle that would indicate that there IS, in fact, sufficient income to pay the ordered support. So Mom and her attorney are going to explore that aspect of their lives.

Just how far in arrears IS he?

 

[Gracie3787]

What is the name of your state?Ohio

I have been served a subpoena to give a deposition, what is that? They are asking for all sorts of financial documents, some I have and know what they are, and some that I have no clue as to what they are asking for. Husband is in arrearage, and has a "Contempt of Court" charge against him. Should I get my own attorney or use one he may get? In the subpoena, they are asking for any gifts over $100. and the date of the gift. I don't necessarily have all the dates. What happens then? Also, this deposition is scheduled when we will be on vacation, will the courts reschedule this? Any & all help would be great.

Your husband's ex wants to know if he transferred any assets to you, or put new assets in your name only, which is a reasonable request (if he did, you both should be in jail, him for doing it and you for allowing it) however, if you are both being honest, then simply prove the truth by producing the documents that prove the truth.
Vacation? You would be alot better off canceling it for two reasons-1-if you can afford a luxury like a vacation, your husband can afford to pay arrears and 2- when he goes to court he will be ordered to pay a lump sum amount called a purge (usually is very high) or else go to jail.
Good luck, but I hope you get your priorities straight- his kids come first period.

 

[dcsr]

His kids come first

Your husband's ex wants to know if he transferred any assets to you, or put new assets in your name only, which is a reasonable request (if he did, you both should be in jail, him for doing it and you for allowing it) however, if you are both being honest, then simply prove the truth by producing the documents that prove the truth.
Vacation? You would be alot better off canceling it for two reasons-1-if you can afford a luxury like a vacation, your husband can afford to pay arrears and 2- when he goes to court he will be ordered to pay a lump sum amount called a purge (usually is very high) or else go to jail.
Good luck, but I hope you get your priorities straight- his kids come first period.

Just for the record, his kids have always come first with us, unlike with their mother. We have paid with family vacations (just us with his kids) with a credit card in past years. Always included his children in everything we have done! So, I feel MY priorities are straight. Vacation is cancelled. You mentioned a "Purge", is that a certain percent of the arrearages, if not, how do the courts come up with that amount?

 

[dcsr]

No Clue??

My response:

What's funny about this Bimbo's post is that she writes her situation as if she has no "clue". And guess what? She doesn't.

There's a child out there that needs the "basic necessities of life" and has no idea that her husband has an "obligation" to supply those necessities. She's more concerned that the deposition is going to conflict with both of their "vacation".

Hello? Anybody in there? Knock-knock, lady! Hello?

Here's a clue: That vacation money should be sent to Momma Bear.

IAAL

Just so you know, his children have always had the "necessities of life" and more. The vacation was more for his children than the whole family. I appreciate your kind words of encouragement & legal advise. I will try to heed them.

 

[snodderly]

Always included his children in everything we have done! So, I feel MY priorities are straight.

You think including his children in things you have done is making them a priority? Aren't you a real sweetheart!!

Forget those pesky things like a roof over their heads, food on their tables, clothes on their backs.....those things that child support is supposed to help provide. I have to tell you, the judge isn't going to see this matter the same way you do.

Infact, he is probably going to help you change those priorities. I wish I could be there when you explain to the judge that you make them a priority by involving them in everything you do. LOL!!

Probably going to be a lot like my ex telling the judge he couldn't afford it because he had a new truck, new horse and new horse trailer and stable fees. The judge told him he better stick to horses cause he was acting like a horses ass.

Purge....a monetary penalty that will probably purge you of some of your misguided beliefs as far as child support.
snodderly

 

[I AM ALWAYS LIABLE]

Always included his children in everything we have done! So, I feel MY priorities are straight.

You think including his children in things you have done is making them a priority? Aren't you a real sweetheart!!

Forget those pesky things like a roof over their heads, food on their tables, clothes on their backs.....those things that child support is supposed to help provide. I have to tell you, the judge isn't going to see this matter the same way you do.

Infact, he is probably going to help you change those priorities. I wish I could be there when you explain to the judge that you make them a priority by involving them in everything you do. LOL!!

Probably going to be a lot like my ex telling the judge he couldn't afford it because he had a new truck, new horse and new horse trailer and stable fees. The judge told him he better stick to horses cause he was acting like a horses ass.

Purge....a monetary penalty that will probably purge you of some of your misguided beliefs as far as child support.
snodderly

My response:

I couldn't have said it better, Snodderly.

I just hope she's prepared to be without her WONDERFUL deadbeat husband for about 7 to 10 days in the slammer while his credit cards are cooling off after paying his arrearages to the ex-wife.

Oh, and lady - - he's giving you a wonderful preview into how you'll be treated by him once he dumps your ass. If he can do this to his own flesh and blood, just think about what he'll do to you!

IAAL

 

[PADadandMom]

My response:

Hey, Bimbo - - do you see anything wrong with that picture?

Here's a prediction. The next vacation your husband goes on will be at county expense. He'll also have a nice view of the basketball hoops in the yard, and the fourth "wall" in his room will be made of bars. His room service will consist of Bubba nudging his anus in the morning.

IAAL

You are right on the money; as you "usually" are. Yet with your knowlege, I can't seem to figure out why you stoop to the level of name calling all the time . Your intelligence speaks for itself but your name calling makes you sound as though you have some sort of inferiority complex. Still love your posts though.