Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.
All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she believes my husband owns the business and I hide his money which is absolutely untrue. I gave my husband my contract showing I bought the business. He provided the independent contractor agreement I had him sign as I do with all my contractors. I recently had to terminate the agreement because of COVID, next to no business. I cannot afford to pay him. All of our financial such as bank accounts, credit cards etc. are separate and the accounts we had prior to getting married. In 2018, we filed taxes together because our CPA recommended it. His litigation with his ex has gone on 5 years. She is obsessed with knowing everything about us. What are my options to protect myself and my business?
A: You can ask the court for permission to decline to produce the records. The court will have to decide whether you are legally required to do so. You should get your own lawyer (separate from your husband's lawyer) to help you with this.
A: Have your records been subpoenaed? If not you have no duty to deliver. If so you may want to consult an attorney to inquire about quashing the subpoena.
A: Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable, can't be provided, are not relevant, etc...
If this is something you're concerned about now is the time to reach out and find a competent domestic attorney with a strong business background to be ready when that request come in.
Best of luck.
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