02/08/13, 7:07 am
State of FL: My wife of 1 year currently has 50/50 custody with her youngest son (14). She filed for majority custody almost 2 years ago and has not had the hearing date set (as of yet). Last month she received another (3rd) Notice to Produce to update financials. The ex-husband's counter filing to the custody suit is for alimony (since she has remarried). My wife's attorney informed her recently that the ex-husband's firm intends to send me a Notice to Produce. My guess is that the ex-husband/ex-husband's firm saw my account in her banking statements on a couple of occasions when I transferred money out of my account into her account so that she could pay her deposition fee's, etc. She also monthly transfers money into my account for bills. I suppose that they are trying to claim that she has access to more money. Which is not the case. I have my own elderly family members, etc. to financially support. And, am getting extremely tired of dumping money into a black hole (to this point). I love my wife, and do believe that her son would be much happier spending a majority of the time with her (us), but I am not willing to have my personal (not joint) financials revealing/exposing my family members. About as far as I am willing to go is provide correspondence from my financial institution stating that the account in question is in fact in my name only. I may never see the Notice to Produce and they may be fishing, but any insight regarding options is appreciated.
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United States   |   Florida  |  Child Custody Law
Cost: Free


Jennifer Jacobs Says:

Feb 08,2013 11:22 AM

The ex-husband will not be able to send you a Notice to Produce because you are not a party. However, they can send you a subpoena duces tecum ordering you to produce those documents. If you do not want to comply you can file an objection and let the judge decide whether you will have to comply. Ultimately, you will likely have to comply- your financial information is relevant if the mother is remarried.

Jennifer Jacobs
Law Offices of Jennifer A. Jacobs, LLC
1555 N. Maitland Ave.,Maitland, FL 32751

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