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Income proof

Discussion in 'Other Family Law Matters' started by Karasaal1, Jul 31, 2018.

  1. Karasaal1

    Karasaal1 Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    How is it possible for my ex husband's lawyer to get a subpoena to send to my current husband's bank to get a copy of his bank statements? My ex's lawyer is trying to figure out if I am lying about depositing my paycheck in his account. Even though I have no access to his account because I am not on it. I sign my checks and my husband signs them and cashes them for me. My checks are so small, he just gives me the cash. They have all my pay stubs. And just because my husband signs my checks to cash them, they think I deposit them. What difference does it make? My husband's income has nothing to do with the case. They are being nosey and I have to find a way to protect my husband's information.
     
  2. army judge

    army judge Super Moderator

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    Any comment about how someone accomplishes something is mere conjecture, unless said someone had first hand knowledge of what was done.

    I do find this action unusual.

    I suggest you discuss this with your lawyer.

    If you don't have a lawyer, I strongly urge you to get one, because your former spouse has one and appears to be playing hardball with you and seems to be cheating!

    I can't say what difference it makes to your former spouse and his lawyer, but most lawyers that engage in these practices either disbelieve you, or are somewhat shady.

    You're right, your currents spouse's income has nothing to do with how much child support you are required to pay.

    The best thing for you to do is open a checking account or use a debit card (like Prepaid Debit Cards | Credit Cards | Mastercard or VISA debit )

    That way you can keep your money separate form your husband's and avoid prying eyes of your former spouse and his shady lawyer!

    Putting your money in YOUR account is the best way to protect your husband.

    Another option is cash your check at a check cashing business, or Walmart.

    Walmart cashes checks and money orders in any amount up to and including $5000.

    Cashing your check at your local Walmart is not that costly, because their fees are based on the amount of the check: Checks up to and including $1000 = a $3.00 fee.

    Checks over $1000 up to $5000 = a $6.00 fee.
     
  3. Karasaal1

    Karasaal1 Law Topic Starter New Member

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    I am taking my ex to court to get him to pay half of our kids school fees. It's basically to prove hesh more than capable of paying. My checks are small. Some months I may not work at all. The largest check I have received lately is $150. I work part time. My ex is the one paying me child support. I have an attorney. She tried to argue that my current husband has nothing to do with this. But they seem to be fishing. His attorney told my lawyer to discuss with me on settling outside of court. I'm assuming he knows he doesn't have a leg to stand on?
     
  4. Karasaal1

    Karasaal1 Law Topic Starter New Member

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    I have no checking account at all.
     
  5. army judge

    army judge Super Moderator

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    Which is why I suggest you opening one in your name ONLY in which you deposit ONLY your paychecks.

    You do that, and it eliminates fishing expeditions.

    You can deposit the check, and withdraw it or keep a small balance at a credit union just to cash YOUR checks.

    There are ways to avoid these fishing expeditions which is what I was attempting to illustrate to you.
     
    hrforme and leslie82 like this.
  6. hrforme

    hrforme Active Member

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    agree you need to totally separate your finances from your husband's so they don't have a pole to fish with. Many banks or credit unions will give you a free/low cost account if you have your paychecks direct deposited and use a debit card.
     
  7. zddoodah

    zddoodah Well-Known Member

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    How is it possible to "get a subpoena"? Subpoena forms are readily available online, and most lawyers probably have common forms in their office computer systems. What would make you think "get[ting] a subpoena" would be difficult? Also, when you asked your lawyer this question, what did he/she say?

    I don't know, and no one on this or any other message board can intelligently opine about the motivations of your ex-husband or his lawyer.

    Despite your use of a question mark, this sentence isn't a question, and we obviously have no way of knowing what your ex knows or believes.

    Are these really the questions you wanted to have addressed?

    P.S. I suggest you ignore advice given by others in this thread (and read the disclaimer at the bottom of the page) and discuss these issues with your lawyer.
     

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