can you subpeona a credit report in child custody mod?

[John-J-Jay]

so let me get this straight. you think she is going to try to attempt to regain custody based on needing child supprt?

with regards to the credit report anything can be asked for during discovery, but it wouldn't be harmful if you had a charge off or delq. one thing they can ask for as well is all statements since your husband has had custody to see if there are any negative charges on the card such as bars, gentelman clubs, 900 #'s etc to try to show the environment isn't good for the kids. if no of those are on there you don't have nothing to fear.

[catherine]

DH is taking her to court for the first time with multiple issues requesting some changes to the custody order.  We think she may file a countersuit for custody based on alleged abuse of one of the kids.  In reality, she wants them back because of child support and to be vindicated in her role as caring mother, when her actions say she is not.

I had asked about a credit report because if needed we would like to subpeona her credit report to prove that she is in dire financial straights and cannot support herself, let alone the kids.  I am pretty sure there is a lot more on hers than one or two chargeoffs .....we are talking enormous defaults in all areas of her life since divorce.  It's not a make or break issue, just more ammunition to what we already have in our own defense of her assumed custody countermotion.

DH remembers what it was like to be the NCP so tries to remain fair.  Child support isn't the issue that ruined her life - DH actually gave her the first year of the custody change free from owing any child support so she could get on her feet.  Then it was set at her making $10 an hour - nothing extreme.  She is an idiot though and has never followed the agreement, and most likely never will.  We need our asses covered though and that is why DH is taking her to court.

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"In the final analysis, true justice is not a matter of courts and law books, but of a commitment in each of us to liberty and mutual respect." - Jimmy Carter

[mistoffolees]

>DH is taking her to court for the first time with multiple
>issues requesting some changes to the custody order.  We think
>she may file a countersuit for custody based on alleged abuse
>of one of the kids.  In reality, she wants them back because
>of child support and to be vindicated in her role as caring
>mother, when her actions say she is not.
>
>I had asked about a credit report because if needed we would
>like to subpeona her credit report to prove that she is in
>dire financial straights and cannot support herself, let alone
>the kids.  I am pretty sure there is a lot more on hers than
>one or two chargeoffs .....we are talking enormous defaults in
>all areas of her life since divorce.  It's not a make or break
>issue, just more ammunition to what we already have in our own
>defense of her assumed custody countermotion.

Go back to my initial response. I don't think you're going to have much success denying custody because she's broke. More likely is that the judge will make the custody decision independent of finances and then ask NCP to pay more in support. I doubt if the credit report would even be admissible in a custody hearing unless there's something in there that proves she's unfit.

But see an attorney.