Can my ex-husband’s attorney subpoena the man that I live with for his bank statements and receipts to stop alimony payments?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.