Custody Mother Sought Increase in Child Support for Minor Child and College Contribution from Ex-husband. Last Subpoena Wins the Day.
Ex Husband was Director of International Sales for a major manufacturing company, and earned $163,850 per year. Rather than take only his word, for his earnings to determine the amount of child support and his contribution to college expenses of one of the parties daughters, we had him produce records to verify his income. Sure enough his records showed the Ex Husband was earning $163,850. We also served a subpoena to his employer, once again the records confirmed $163,850 yearly.
Although it seemed to to be repetitious, the question of Ex Husband’s income just didn’t feel right since his lawyer continuously delayed the case for over a year with no apparent reason.
Sensing that something was not quite right although it was only several days to the trial, we served a second subpoena on the Ex Husbands employer just for completeness.
Low and behold the employer produced recordsshowing the ex-husband earned $163,850 per year. But that wasn’t all, in that year he earned not only hundred and $163,850 but an additional performance bonus of $105,758 and an option exercise of $385,086 for a grand total of $654,894.
Our hunch turned out to be right and the reason why is that the Husband’s Employer had been purchased by a much larger company and is part of the buyout the higher executives in the company received the benefits as well.
Our client was ecstatic Not only did she receive much more child support but also retroactive or back child support during the husband’s delay in the case, along with statutory interest of 9%on the unpaid child support. The Husband was also ordered to pay a large contribution to college expenses for the college-bound daughter.
Subpoenas: Don't Assume That the Records You Are Receiving Are Accurate Just Because Your Husband Works for a Large Corporation
We represented the Wife of an Vice President of a Large Corporation. His lawyer who I knew well, gave me all of the records and documents of her client the Husband that she said related to his income. She seemed to be cooperative and collaborative. Nevertheless, just to be in the safe side, we served a subpoena upon the Husband's employer. I fully expected the other lawyer to just allow me to receive the records. At first she called and tried to talk me out of the subpoena, which I found odd. Then she got angry and said why are you doing this I gave you all the records. Finally, she presented a Motion to Suppress my subpoena. I was surprised since I had some level of trust in this lawyer. Nonetheless, I argued the Motion to Suppress and won. The Illinois Divorce Judge ordered the records and documents produced. When we finally received the records and documents it was obvious that the Husband had been rolling his bonuses into his retirement accounts in a way that would not be visible without the subpoena. I confronted the other lawyer who was very apologetic and said that she had no idea that her client would engage in such duplicitous behavior. Once again proving the value of subpoenas in divorce cases even when you think that the other side is telling the truth. To be fair, although some people are certainly lying, others may just not be informed about everything they have, including benefits from their employment benefits.