Subpoena Social Security Statement????

[Peaches1122]

What is the name of your state? Pennsylvania

First off, my husband is a model dad for child support. Does everything he has to...keeps the court informed pays medical bills. However, his ex is trying to take advantage of him for every penny she can and the price is that we have no money left for him to even see his kids in Missouri. That is why I am asking this question.

His ex wife allegedly stopped working in 2004. She is married to a millionaire now and well...doesn't have to work. However, we have evidence from slips by her and the kids that she has been working. Now, looking at the tax return really won't work because I'm sure she filed jointly and it would be impossible to sort out the details. And if he made a push to see her tax return, then he would have to show his and I would like to keep my financial information private.

However, when I looked at my husband's social security statement...I thought what a great way to easily see if she is working. Does my husband have the right to subpoena her statement and if so, how can he do it? We don't use a lawyer in child support and frankly, have been more successful without one.

Also, she petitioned to carry the health insurance last time. Yet, my husband didn't notice that she claimed the family plan that they were in cost $875 a month which is outrageous. I pay $300 for group insurance for us and his kids. Since his ex wife's new husband owns the company, I believe she is charging the rate the company pays...not an employee. Do we have a case to switch is back to our plan?

 

[moburkes]

What is the name of your state? Pennsylvania

You'll need to ask a better question, hon. And, give details.

 

[Peaches1122]

Accidently hit send too fast. The details are above now.

 

[SingleMom67]

Is the child support order in Pennsylvania or Missouri? How many kids? And how did he not notice an $875 health insurance cost? What documentation/proof was provided that this is the amount that she is paying? Because obviously he's only obligated to pay the percentage assessd to him for the child(ren), not the entire family plan.

 

[Peaches1122]

Support is through PA. Custody through MO.

Yes, he is paying a percentage of that amount but it is EXTREMELY high still...compared to the savings if they went by our plan. Why didn't he notice? Very good question with anything. He says her lawyer had backup but he doesn't remember what it was. I'm just happy I noticed. I have NEVER seen a group health plan with rates that high for family. The only thing I could think of is she weasled the company cost in there to get more money out of him. I would rather see him get a child support credit for our plan.

 

[SingleMom67]

Support is through PA. Custody through MO.

Yes, he is paying a percentage of that amount but it is EXTREMELY high still...compared to the savings if they went by our plan. Why didn't he notice? Very good question with anything. He says her lawyer had backup but he doesn't remember what it was. I'm just happy I noticed. I have NEVER seen a group health plan with rates that high for family. The only thing I could think of is she weasled the company cost in there to get more money out of him. I would rather see him get a child support credit for our plan.

In PA you're going to have a hard time getting that reversed. The PA courts are very liberal for allowing mothers to carry the medical insurance if they so choose. The law is that whomever can show coverage that's best for the child(ren) gets to keep/carry the insurance. Also, I'm going to assume primary residence of the child(ren) is in MO. For that reason alone, the court would consider a MO-based medical insurance plan in the best interest of the child(ren).

 

[GrowUp!]

However, when I looked at my husband's social security statement...I thought what a great way to easily see if she is working. Does my husband have the right to subpoena her statement and if so, how can he do it? We don't use a lawyer in child support and frankly, have been more successful without one.

Yes.*********************
(I wish the freaking Admins would fix this so we don't have to add additional crap when we just want to give a 'yes' or 'no' answer ).

 

[Peaches1122]

Ok...so how does he subpoena that statement without a lawyer?

 

[GrowUp!]

Ok...so how does he subpoena that statement without a lawyer?

I suggest he reads up on legal procedures and/or searching the net for examples (there are quite a few good sites for examples of legal forms for individual states). Subpoenas must be done properly or they can easily be quashed.

 

[Peaches1122]

In PA you're going to have a hard time getting that reversed. The PA courts are very liberal for allowing mothers to carry the medical insurance if they so choose. .

That's interesting. I have never heard that before. I was hoping that since the law was written that the burden of insurance is placed on the non-custodial parent, that alone might start a case. Plus, he is responsible for paying the majority of the cost of all medical expenses in excess of $250, shouldn't he have more control? Plus, ever since she switched to her insurance, she has been a nightmare submitting costs for reimbursement to the court. My husband has been unable to work it out with providers directly because his name is not on any of the records. (even though the custody agreement requires her to do this) Her reputation is so bad with the court about the insurance that they have in the record to investigate any claims she makes about medical bills before they act. Will that help at all?

Both plans are national Blue Cross plans so the difference in state would not change anything. My company plan is acutally through Blue Cross and Blue Shield of Texas!!!

 

[Peaches1122]

I suggest he reads up on legal procedures and/or searching the net for examples (there are quite a few good sites for examples of legal forms for individual states). Subpoenas must be done properly or they can easily be quashed.

Searched the net like crazy. We've done a lot of work on custody and support that way. Haven't found anything that would really help.

 

[Gracie3787]

Searched the net like crazy. We've done a lot of work on custody and support that way. Haven't found anything that would really help.

Your state's rules of civil procedure might have alot of info. I don't know what the site is but you can Google for it.

 

[LdiJ]

Yes.*********************
(I wish the freaking Admins would fix this so we don't have to add additional crap when we just want to give a 'yes' or 'no' answer ).

I am not sure that this is correct GrowUp.

I think that the SSA records fall under the same laws as the IRS records, and those honestly cannot be easily subpeonaed. A judge could order her to sign a release to allow the records to be obtained...but the judge is going to want to know WHY that is necessary, rather than simply ordering her to provide copies of tax returns.

 

[GrowUp!]

I am not sure that this is correct GrowUp.

I think that the SSA records fall under the same laws as the IRS records, and those honestly cannot be easily subpeonaed. A judge could order her to sign a release to allow the records to be obtained...but the judge is going to want to know WHY that is necessary, rather than simply ordering her to provide copies of tax returns.

Not the records themselves. The SSA sends out half-yearly and/or yearly print-outs of one's income for the previous tax years and how much has been contributed to social security (I am assuming this is what the OP was questioning).

If the OP was intending for complete records, then I agree -- that would be a no-no. There are other creative documents/information/statements et al that could be asked for production.

 

[GrowUp!]

That's interesting. I have never heard that before. I was hoping that since the law was written that the burden of insurance is placed on the non-custodial parent, that alone might start a case. Plus, he is responsible for paying the majority of the cost of all medical expenses in excess of $250, shouldn't he have more control? Plus, ever since she switched to her insurance, she has been a nightmare submitting costs for reimbursement to the court. My husband has been unable to work it out with providers directly because his name is not on any of the records. (even though the custody agreement requires her to do this) Her reputation is so bad with the court about the insurance that they have in the record to investigate any claims she makes about medical bills before they act. Will that help at all?

Both plans are national Blue Cross plans so the difference in state would not change anything. My company plan is acutally through Blue Cross and Blue Shield of Texas!!!

I disagree with Singlemom. Either parent or both can be ordered to provide medical coverage for their children. If they both can, that's even better. But usually, the parent who has access to AFFORDABLE insurance is the one that's ordered to provide it -- unless both parents agree otherwise.

He can always request a health insurance modification -- but he should also look to see how much the cost is that is factored into her monthly child support obligation. He should also use her history as well, since it is documented in the courts.