Question: I live in Pennsylvania and my ex is lying and trying to get out of his support obligations. I have told them several times that he works for cash under the table and they tell me there is nothing they can do unless I have proof. Well I cant afford an investigator. but I was married to him for 22 years and I know he does. I have a modification hearing very soon. how can I request they supena his bank records and his unemployment card. He lives with his dad for free, has alot of assets and is living beyond his means of unemployment. He is living a better standard of life than his children. And his children are suffering due to him getting out of his obligation. not fair to the kids.
Answer:You will need a continuance for your hearing if you need to subpeona his financial records. You or your attorney can file the subpeona at the clerk of courts office compelling him to produce the financial records. If you think he will respond by saying he has none , then I would contact the Domestic Relations Office and ask them do a state parent finder to find his income and assets. They can attach any bank account he has to collect back support.
Also, you could have ae a friend contact him and obtain a quote for work he does ” what his under the table job is”, have your fiend ask for references and usual rate of pay. Your friend can then testify about this and you can subpoena his “references” to prove he does indeed have more income than he is claiming.
His unemployment compensation is attachable to collect support.
If all else fails, and they reduce his support obligation, ask for an automatic review of the case every 2 months so that the full amount is re-instate when he returns to work or when you have more information about this income.