Can my ex-husband’s attorney subpoena the man that I live with for his bank statements and receipts to stop alimony payments?

I have been living with a man for 3 years. Can my ex-husband subpoena him for his disposition? My friend got a subpoena from my ex’s attorney for all his bank statements and receipts for everything in the past 3 years. There are only signatures from the attorneys with no seal. Is this legal? Can he be held in contempt of court if he don’t appear or send documents?

Asked on June 10, 2012 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

He is trying to prove co habitation and an intertwining perhaps of the finances between you to allow for a termiantion or reduction of support. Under Illinois statute 750 ILCS 5/510(c) it says that "Unless otherwise agreed by the parties in a written agreement set forth in the Judgment or otherwise approved by the court, the obligation to pay future maintenance is terminated...if the party receiving maintenance cohabits with another person on a resident, continuing conjugal basis."  I would have an attorney review the subpoena as one would have to see it to note its validitiy.  In many states attorneys are permitted to sign a subpoena.  Good luck. 

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