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Subpoenas to Nonparties for Custody Case

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  • 08-10-2011, 10:12 AM
    bittnjess
    Subpoenas to Nonparties for Custody Case
    My question involves a child custody case from the State of: Florida

    I have a question about a Custody case where the father is attempting to gain custody of a 9 year old child...Can he legally Supoepna the mothers landlord for their federal tax returns after he has gotten the lease agreement and receipts for 3+ years and what purpose would this have to involve the landlord since it seems irrelevant to a custody case where the child has lived with the mother for 9 years the father has never gone to court until now to take any action to gain visitation rights but yet has had visitation with the child for the past 7 years he has lived in the same state with the child.
  • 08-10-2011, 10:22 AM
    Dogmatique
    Re: Supoena's to Non Party's for Custody Case
    Dad can try to subpoena whomever he chooses. The landlord has the right to try to quash the subpoena though.

    Whose tax returns does Dad want? Mom? Mom and new spouse? For what purpose?

    The bigger question might be, what's the basis of Dad filing to change custody?
  • 08-10-2011, 10:35 AM
    bittnjess
    Re: Supoena's to Non Party's for Custody Case
    Dad wants Mom's Landlords federal taxes on the property for what reason...I have no clue...Dad does not want to pay child support anymore...back at christmas during his visitation he took the child out of state without the mothers permission and tried to hide it until the child returned home and had an uncared for broken arm that was injured while out of state...dad called DCF on mom...mom took child to doctors and kept the child home for one of his visits due to the arm being broken and no medical attention being brought to it for over a week and it took the child to inform mom of the arm being hurt the day after the return...when child was cleared from the doctor of the arm being healed visits continued. Dad has 4 other children, 1 he pays (or dosen't pay) child support on...license is suspended for non payment and new wife seems to be pulling the strings...she fills out all the motions Mom has given them everything they have asked for as to school records for 6 years, medical records, taxes for mom. Just not understanding what purpose of a subpoena for the landlords tax information is.
  • 08-10-2011, 10:49 AM
    Dogmatique
    Re: Supoena's to Non Party's for Custody Case
    If I were the landlord, I'd motion to quash that subpoena.
  • 08-10-2011, 11:03 AM
    Mr. Knowitall
    Re: Supoena's to Non Party's for Custody Case
    I suspect that dad believes that there is a relationship between the landlord and the other parent (e.g., a relative renting to the mother, or that mom is overpaying and getting a kickback), and that dad hopes to prove through the tax return that mom is misrepresenting the amount of rent she is claiming to pay to her landlord. I'm not seeing how that is particularly relevant to support, as rent wouldn't normally factor in, but we don't have the details.
  • 08-10-2011, 11:31 AM
    bittnjess
    Re: Subpoenas to Nonparties for Custody Case
    The landlord is a relative. They do not want to be in the middle of this mess as they have tried to stay out of it from the beginning. That is where I was getting confused as to where this had anything to do with custody, what she did or didn't pay in rent...actually she and her sister together are rent to owning 10 acres of land with 2 homes on it but that to me would be none of the Dad's business. If the mother was ordered to pay child support or something I could maybe see needing to know all the bills but the dad even wanted the information from the mom's sister's house which was provided. The landlord had medical issues also and this mess is causing her to have lots of stress with him trying to pull her personal business into it. The landlord has had cancer, has heart failure, and lots of other medical issues and that is why the sister's are buying the property from them in the first place so that the medication she takes can be paid for and give the lady some food and such as the landlords husband does not work either. This dad is making everyone crazy :wallbang: these days. Everyone wants him to be in the child's life but he wants more and more every time you turn around. You give him (with no visitation order set) half the summer half of Christmas and half of Spring break and every other weekend, the option to see the child whatever day of the week he has off from work and that's still not enough. I could see if the child support was more than a whole 48.00 a week but that's really nothing to raise a child on for a single mom but we make it. The child has good grades and he wants to change her school to one that is 40+ miles away one way because she got a C...Mom has tutoring, child is a girl scout is in cheerleading goes to church but none of that is good enough and he doesn't even want her to go do those things because he wants her to live with him all of a sudden and do things he wants her to do such as watch "R" rated movies like Stephen Kings "It" and "The Mist" and movies like "Salem Witch Trials" and they give her nightmares. The child is in counceling and even the councler is upset and hopes this ends soon because of the emotional toll its taking on her. The judge has denied the emergency motion to change schools as the trial is set in Nov. but now the stuff with the landlord...its just becoming too much. Thanks for the help I'm still waiting on the attorney to call back but you guys have been great!
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