Urgent court on 2-9-06

[stepmom123]

First of all I am in Indiana. My husband was subpoenaed to bring in the past several years of income tax returns. We file jointly and all of my personal information is listed on these. I am worried that his ex-wife will use this info fraduently. Can I stop them from getting the forms? I have had an active restraining order on the ex-wife for threating to kill me and have had the RO for over two years it was renewed just two months ago. This is all steming from my husband taking her back to court for her failing to comply with 9 of the 13 issues addressed in the last court order. The tax forms are NOT being used for child support either becuse that is held in another court in another county. (we are in court at least once a month and the judge has decided not to deal with the child support). The child lives with my husband and I. Could he just take his W-2's.

 

[stealth2]

What EXACTLY does the subpoena state? Not what you think or remember, but the exact words.

 

[stepmom123]

bring copies of work schedule, his 2005 w-2's and his 2004 income tax return. In the past when we would subpoena her for documents she would NOT bring anything to court and nothing was done about it. what would be the possible recourse for not bring the income tax return? oh and i stated earilier that I had a RO but it is actually an Order for Protection if that makes a difference. Also, we just recieved this subpoena on 2-7-06 and court is 2-9-06 can we use the time frame to our advantage, is there some kind of limit as to how late you have to request info?

 

[stealth2]

So he takes a copy of the 2004 return and blacks out your information.

 

[stepmom123]

oh, well that makes sense!! Here we were thinking we had to find a way around it. Great, thanks!

 

[stealth2]

And as an FYI for the future... it's usually better to look for input more than a day before court. 'Cause I would put bunches 'o money down that your husband didn't find out about this last night.

 

[stepmom123]

Put your money up...we received the document on 2-7-06. We are always prepared with as much info as we can, we have two four-drawer filing cabinets full of documents and a seperate computer to store all our digital media. And this is just covering the last three years. We have to take the ex to court monthly for all the crazy things she does. And yes they let her get away with notifing us hours before going to court about things. Unfortunalty our lives revolve around all this. Including carring video cameras and pocket recorders because of the continued harrasement we suffer. She has done everything from stab my husband eight times to hitting the child involved. And she still gets visitation. So if your a betting person let me know and I can give you numerous things to bet on that most people would say "don't happen". Unfortunatly the bio mother has more rights than the child and is given numerous chances to straighten up--the whole time causing more and more emotional distress to the child (and my husband and I, and all other family members she harrasses daily).

 

[betterthanher]

Put your money up...we received the document on 2-7-06.

Hmm. So what's the REAL reason that a hearing was scheduled THIS quickly that you were given only 48 hours notice??? Most states have statutes in place where a no less than a specific amount of time must be given for notice. Unless it's an emergency/ex-parte hearing.

Nice try, though.

 

[stepmom123]

The hearing was scheduled last friday for today due to the ex beating the child AGAIN. That is why we got in so quick. We went in at the end of January and filed contempt on the ex for numerous (9 of the 13 on the last CO) other things that she was doing, going against what the judge said and weren't endangering the child. Just causing lots of trouble. That is when they sent the date for last friday which everyone showed up to set the hearing date. On the wednesday before last friday during the ex's medweek visitation accourding to her the child "was misplaced" and when she found him she became inraged and beat him. We called CPS when he got home and said she had beat him and we found out what happened. All of this was told to the judge last friday and the hearing date was set for for today. Last friday the ex didn't have an attorney with her and said she had an appointment with one (free legal aid which she has used in the past) for Tuesday. So they called the guy verified it was true and agreed to set the date for Today. Tuesday (2-7-09) is when they sent the subpoena that they needed tax forms.

I didn't get into all this because we have experience dealing with all this in the past. My question was strictly about tax forms and my information on them. And I came here for some insight on what may or maynot be some options. That way I would at least have an idea of where to look for more info to prepare for court.

Is this the way most of these boards work? I didn't think that it was going to turn into us being cut down on what little someone thinks they know about our story? As if we make this up.

 

[betterthanher]

The hearing was scheduled last friday for today due to the ex beating the child AGAIN. That is why we got in so quick. We went in at the end of January and filed contempt on the ex for numerous (9 of the 13 on the last CO) other things that she was doing, going against what the judge said and weren't endangering the child. Just causing lots of trouble. That is when they sent the date for last friday which everyone showed up to set the hearing date. On the wednesday before last friday during the ex's medweek visitation accourding to her the child "was misplaced" and when she found him she became inraged and beat him. We called CPS when he got home and said she had beat him and we found out what happened. All of this was told to the judge last friday and the hearing date was set for for today. Last friday the ex didn't have an attorney with her and said she had an appointment with one (free legal aid which she has used in the past) for Tuesday. So they called the guy verified it was true and agreed to set the date for Today. Tuesday (2-7-09) is when they sent the subpoena that they needed tax forms.

I didn't get into all this because we have experience dealing with all this in the past. My question was strictly about tax forms and my information on them. And I came here for some insight on what may or maynot be some options. That way I would at least have an idea of where to look for more info to prepare for court.

Is this the way most of these boards work? I didn't think that it was going to turn into us being cut down on what little someone thinks they know about our story? As if we make this up.

Oh stop with this "is this the way most of these boards work" and "I'm being cut-down" garbage.

You asked about tax return information, which sorta made it sound like some sort of child support-like issue. Which is why comments and questions were posed about the "timeliness" of your inquiry.

NOW we know the immediate hearing date it deals with alleged violence.

 

[stealth2]

And you'd be surprised at how many people sit on stuff like this and then panic the day before 'cause they've done nothing.