Q: Can I subpoena tax returns and pay information from the IRS and my ex's employer in a post judgment family law case?
I served my ex with FL-396 and received last years tax return and latest pay information. Can I still subpoena the same documents from the IRS and their employer to confirm accuracy?
A:
In a post-judgment family law case in California, you can subpoena tax returns and pay information from the IRS and your ex’s employer. Since you have already served FL-396 and received last year's tax return and the latest pay information, subpoenaing these documents can help verify the accuracy and completeness of the information provided.
Subpoenaing records from the IRS can confirm that the tax returns submitted by your ex are genuine and accurately represent their income. Similarly, obtaining pay information directly from your ex's employer can ensure that the reported earnings are correct and reflect all income sources, including bonuses or other compensation.
To proceed, you need to follow the appropriate legal procedures for issuing subpoenas, ensuring you comply with both state and federal laws regarding the privacy and disclosure of financial records. This can involve filing a motion with the court to obtain the necessary authorization. Always make sure to document and present the reasons for needing this verification to strengthen your case.
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