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Messages - klehman

#1
Father's Issues / Subpoena Duces Tecum
Aug 13, 2007, 12:38:03 PM
Can a subpoena duces tecum be used to request copies of the employment records of the ex, without compelling the appearance of her manager or an HR officer?  We want to know exactly how much travel time her job involves, as first right of refusal is being denied.  We also want to know if there are disciplinary actions or reviews in her records that may substantiate a claim of mental imbalance....
#2
Good luck on this issue.  In our experience, the police have not ever 'come through' with enforcement. In fact, we are lucky if they even show up in a reasonable amount of time. Their stance seems to be that unless the Order specifically gives them authority to enforce and assist in location, the contempt filing is the only route to pursue.  I'm in PA, though, so that could make a difference.  Our laws also do not allow taping without consent -- like the BM would give us permission to document her tantrums for posterity!  I could see the neutral location suggestion working...you could even try to find a public place that may be audio and video monitored to save yourself the trouble of recording.  Do call the police if she's not home and very politely insist they write a report to document the incident.  With the voice mail and a report, you've got solid support.
#3
Go along with mixed bag on this.  My DH's ex stopped picking up the cert mail, too.  I don't use the Priority delivery Confirmation, although I should.  I've relied until now on the Certificate of Mailing -- original certified, copy I can prove was mailed, but not received.  I figure eventually she's not going to be able to persuade anyone that she really didn't 'receive' them all...

Also, you should be able to file the modification through the Child Support office for unreimbursed expenses.  I can't speak for WV, but in PA, it's a $ 20.00 fee to file, and they garnish the wages...