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Can Employer Redact Vital Information from Pay Stubs Obtained Via Subpoena

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  • 09-10-2013, 11:19 AM
    justamom1
    Can Employer Redact Vital Information from Pay Stubs Obtained Via Subpoena
    My question involves court procedures for the state of:

    If a Plaintiff in a family court case refuses to provide financials, you can compel and issue subpoena.

    Subpoena issued to employer in attempt to get valid and tampered copies of pay stubs. All parties in family matter must provide 3 recent pay-stubs..

    Employer redacted all info such as Year to date income, deferred employee benefits, etc..
    The year to date is required to check against the year to date/ annual income claimed by plaintiff
    All that was visible was the net income and tax boxes...

    Is it legal for an employer to redact vital information required for all family court matters.. The courts require the pay stub and the employer is unwilling to disclose in corporation with the Plaintiff..

    This is not my case, I'm seeking answer for a friend who is not sure that her attorney is advising properly on the issue. She wants other opinions.
    Please please please advice..
  • 09-10-2013, 11:26 AM
    Mr. Knowitall
    Re: Can Employer Redact Vital Information from Pay Stubs Obtained Via Subpoena
    If you believe that the information is relevant to your case and should have been disclosed, you are free to file a show cause petition with the court of your undisclosed state and ask that they be compelled to comply with the subpoena or held in contempt.
  • 09-10-2013, 11:41 AM
    aardvarc
    Re: Can Employer Redact Vital Information from Pay Stubs Obtained Via Subpoena
    If she doesn't trust her attorney, she needs to get another attorney.
  • 09-10-2013, 12:37 PM
    justamom1
    Re: Can Employer Redact Vital Information from Pay Stubs Obtained Via Subpoena
    I think she trust her attorney, but has some doubt to the strategy.. I cannot say what is going on it just did not seem right to me either.
    Apparently the attorney is saying don't worry about it. Maybe she needs new attorney because current year to date is what they base child-support on and this is about child support.
    I'll share the advice with her, because why not follow procedure..
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