If my ex-husband wants to suspend his alimony payments, can he subpoena my bank records?

UPDATED: Jul 26, 2011

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If my ex-husband wants to suspend his alimony payments, can he subpoena my bank records?

My husband is requesting to suspend alimony temporarily to permanent due to health reasons. Can he subpoena my bank records without a judges order? And without me knowing? I am dealing with a man that can be very evil, and can get away with acts, as proven in our divorce.

Asked on July 26, 2011 Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No private citizen can subpoena another's financial information, such as bank account information (or other private or personal information), unless there is a legal action--i.e. a lawsuit. If there is a lawsuit or other legal action--such as one which he has brought seeking a reduction in alimony--and the information is germane or relevant--which it presumably would be, in that case--then he may seek disclosure of this information, but you (or preferably, your attorney) would still have an opportunity to try to object to the disclosure. So in answer to your question: if there is a legal proceeding to modify your alimony, they he may be able to do this--but not without a legal proceeding. If the bank gives him this information without valid grounds--e.g. carelessly releases it to him, when when the bank did not need to--then you might have a cause of action against the bank.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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