Q: Records were subpoenaed for my divorce husband claimed I was running a home business as I was on SSD. This is not true nor did he ever claim it prior to me filing for divorce. He also took all my finical records and gave them to the Dad of a child from a previous marriage to use against me to lower his support. I lost SS and have been battling for years with them back and forth. I want to know what is the law in NYS regarding private documents subpoenaed for a particular case and what recourse do I have? (not with SS) I am only trying to understand 1. Is it against the law being that a matrimonial is not public record in the state of NY? 2. What can I do about it if anything?
A: David's Answer: Depending on his income, if you have lost yours through his wrongful conduct, then you MAY be able to go back to the divorce court & ask for a modification of maintenance (or ask for maintenance if you didn't in the initial case). I also agree if he turned over your financial records to a third party without your consent, the Divorce Court MAY consider sanctioning him. -- David Bliven, Westchester Divorce lawyer (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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