Phoenix, AZ asked in Child Support for Arizona

Q: child support modification

I have been a power of attorney on my brothers bank account. I sometime use the money in that account to pay my credit cards and also I have borrowed money from that account. My brother and I run business together so there were instances that some of the money deposited in the account was from my customer. Now I am in a child support contest and my ex wants the bank records on this account where I am POA on it. Am I legally obliged to give this information to her? Can she legally subpoena those bank records? If she can subpoena those records, how can I or my brother make sure she does not get those records?

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1 Lawyer Answer

Peter H. Westby

Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: Since you have been using this account, it is likely that your judge would order the disclosure of the account information to your ex. She can subpoena these materials from the bank. I recommend that your brother speak with an attorney. If there is a good reason why these records should not be disclosed, his attorney may be able to help by requesting the judge to block, modify or limit this discovery to the items that have relevance to your case.

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