can you subpeona a credit report in child custody mod?

[catherine]

If a parent wanting to change a current custody order is being driven by alterior motives (like wanting to collect child support) would it be possible to subpeona that parent's credit report to show how financially screwed up they are?

Has anyone ever heard of that being done?

----------------------------------------------
Always do right. This will gratify some people and astonish the rest.

Mark Twain

[mistoffolees]

>If a parent wanting to change a current custody order is
>being driven by alterior motives (like wanting to collect
>child support) would it be possible to subpeona that parent's
>credit report to show how financially screwed up they are?

I would suggest talking with an attorney.

My gut says that a credit report has no place in a custody battle (unless there's evidence in the credit report of something that will directly harm the kid(s)).

The credit report might be relevant in a decision on support, but it could backfire. If the person has a lot of debt, they could argue that they need MORE credit support, not less (although I don't think it would show up in most state's calculations).

[catherine]

however, it could be argued that as one of the best interests standards, the ability to financially support the kids is an important one .... if your credit is so so very bad that you can't even support yourself, let alone kids.


----------------------------------------------
Always do right. This will gratify some people and astonish the rest.

Mark Twain

[olanna]

Back in the days of the dot.com bust, I really struggled to make it.  I was late on payments when I couldn't get enough work to pay for the house  and keep current on my CS order for my older son.

My ex (Dman's dad) tried to use that against me, saying I was ruining his credit because I kept being late on payments...(actually nothing was shared but he used it as a defense).  The judge ordered him to pay an additional $500 a month in CS to alleviate that problem...probably not like he wanted it to turn out....but he didn't want more time or custody...he basically just wanted to bitch...LOL.

Are you actually worried there will be a custody change when she hasn't had custody in years? Forget about her credit...what about her nomadic moves and how many boyfriends, jobs and what have you, has she gone through in the past few years????  She isn't stable.

[catherine]

But I'm willing to bet that it will be so full of lies that it's gonna be a lot of work to dispute.  Not that everything she will claim is factual - just a lot of subpeoning of paperwork to prove her wrong.  Yes, the paranoid part of me worries that she will get custody.  So much is riding on YSS and how he feels at the time and what claims he wants to make against us.  However, I do feel fairly confident that no matter what she lies about, she won't get them back.  DH's lawyer said that we might not get what we want, but there is NO WAY a judge would give her custody back.


----------------------------------------------
Always do right. This will gratify some people and astonish the rest.

Mark Twain

[olanna]

I have forgotten, how old are the older boys?  It won't be long until they are so wrapped up in friends and what have you, that even with a great relationship with a wonderful mom, they aren't going to be very willing to split to spend holidays with her or go off on her erratic little jaunts.  Not to say they shouldn't but to say they simply won't be as willing.

I am seeing this with my own son.  His dad moved about 40 minutes away and Dman dreads having to go out of town....he does love his dad, just doesn't want to be away from friends. I think that is part of the age.

[catherine]

they are 14 and almost 10.  OSS found out in a class he is taking that you can apply to a local grocery store at the age of 14.  He told me he wants to work there this summer to save money (I suggested to help him buy a car!).  Well, she is supposed to get 6 weeks but I can already see what you are saying .... why would he want to give up working and saving money to sit in a crappy apartment for 6 weeks, bored and gaining weight?  Oh yeah, but it's my job to encourage him to go.  Whoops.


----------------------------------------------
Always do right. This will gratify some people and astonish the rest.

Mark Twain

[olanna]

Exactly! And I told my ex that he really should consider staying in the same town, as when Dman got older, it would make a world of difference..even the mediator said the very same thing.

So now, I am sort of torn...he's 40 minutes away, there is no where for Dman to play, as it is a condo, with a garden walkway.  The street is too busy and he simply doesn't know anyone.

[John-J-Jay]

How long have you had custody of your kids? My ex tried to use the same method/theory against me regarding a credit report but the judges don't care that you have a charge off or delq. they rather that happen than let the child go without.

But anyway how long have you had custody and what would her contentions be on trying to prove you unfit or not qualified?

[catherine]

my DH has custody - I am custodial stepmom.  She wants custody because she relied on the child support and hasn't done so well since she gave us custody (she had primary for 2 yrs prior which first led me to these sites because she was so horrible) and DH recently got a HUGE pay raise and she knows it.  She is in arrears 13,000 to date and pays sporadically.  She is working the "abuse angle" and my YSS is very emotionally damaged and she constantly undermines our parenting - using this false claim to her advantage.  i.e. My YSS gets mad at DH, me or his brothers, she calls and he lies to her.  She reassures him that she thinks he is perfect, no one has a right to treat him badly and he isn't our favorite.  This child is ADHD and is VERY hard to deal with, let alone all of the emotional manipulation he is subjected to by her.  That's the short story!  lol!


----------------------------------------------
"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