How can I get a subpoena for my ex-wife’s employer to produce her W2’s?

My ex-wife is in prison and our state taxes were never filed for the 3 years we were married. I am trying to get the issue resolved but I cannot do so without her W2’s for those years. Her previous employer will not release them with out either a court order or her written permission. Her permission is not really an option.

Asked on October 5, 2011 under Bankruptcy Law, Idaho

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have an attorney represent you, the attorney can issue a subpoena for the W2s.  The other alternative for obtaining a subpoena would be to have a judge issue it.  Since you don't have an ongoing case yet in court, having an attorney issue the subpoena would be your best option.


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