San Diego Divorce Attorney Obtains Order For Bank Statements In Child Support Case

    SAN DIEGO, CA, May 22, 2012 /24-7PressRelease/ -- Griffith & Young celebrated a recent success by San Diego divorce attorney John Griffith who obtained an order for his client which granted him access to bank records of his ex-wife.

Griffith represented the client for more than three years and including the client's divorce.
The opposing party filed a motion to modify her ex-husband's child support order through the San Diego County Department of Child Support Services.

She claimed his income had increased and his child visitation had decreased. This resulted in a hearing to mandate an increase in the child support order.

"The ex-wife owned her own business and maintained her own corporate books," said Griffith, San Diego family attorney. "When she filed her motion, we suspected she had made a significant understatement in her income." With this suspicion, Griffith subpoenaed her banks requesting copies of all personal statements as well as her business statements.

The ex-wife's lawyer filed an objection to the subpoenas and motioned to quash. Griffith explained to the opposing party that her objection would result in her having to pay his client's legal fees should she move forward with her motion.

The other party argued that the ex-wife's privacy rights would be violated if her bank records were released and moved forward with the objection. Griffith prevailed by arguing that the issue of the ex-wife's income was before the court and for that reason her bank records were necessary to discover her true income.

The motion to quash the subpoenas was denied and the court ordered her bank records be released.

At the next hearing the court will consider ordering the ex-husband's legal fees against the opposing party for having contested the subpoenas without sufficient justification. "Whenever issues of support orders or attorney fees are brought before the family court, both parties have a right to discover the financial information of the opposing party," said Griffith. Griffith says this is by any means necessary and includes obtaining financial statements directly from the bank.

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About Griffith & Young
The divorce lawyers at Griffith & Young have extensive litigation experience in all areas of family law practice and California divorce law. Based in San Diego, Griffith & Young offers low flat fee services, a sliding hourly scale and military discounts.

The skilled attorneys at Griffith Law provide knowledgeable and compassionate legal representation for divorce, legal separation, child custody, and divorce mediation in Encinitas and the greater San Diego area.

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