If my ex-husband wants to suspend his alimony payments, can he subpoena my bank records?
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If my ex-husband wants to suspend his alimony payments, can he subpoena my bank records?
My husband is requesting to suspend alimony temporarily to permanent due to health reasons. Can he subpoena my bank records without a judges order? And without me knowing? I am dealing with a man that can be very evil, and can get away with acts, as proven in our divorce.
Asked on July 26, 2011 Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No private citizen can subpoena another's financial information, such as bank account information (or other private or personal information), unless there is a legal action--i.e. a lawsuit. If there is a lawsuit or other legal action--such as one which he has brought seeking a reduction in alimony--and the information is germane or relevant--which it presumably would be, in that case--then he may seek disclosure of this information, but you (or preferably, your attorney) would still have an opportunity to try to object to the disclosure. So in answer to your question: if there is a legal proceeding to modify your alimony, they he may be able to do this--but not without a legal proceeding. If the bank gives him this information without valid grounds--e.g. carelessly releases it to him, when when the bank did not need to--then you might have a cause of action against the bank.
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