San Diego divorce attorney John Griffith obtains order for ex-wife's bank records in child support case.
Online PR News – 20-May-2012 – San Diego/California – SAN DIEGO, CALIFORNIA - San Diego divorce attorney, John Griffith recently celebrated his success in obtaining an order for his client which granted access to the ex-wife's bank records.
Griffith is an attorney at Griffith & Young, which is based in San Diego and specializes in family law, California divorce law, child custody and property division.
"The ex-wife filed a motion to modify my client's child support order," says Griffith. "She claimed my client's income had increased and his timeshare with the children had decreased which mandated an increase in his child support order."
The opposing party owned her own business and kept her own corporate financial records.
"When her motion was filed, we suspected that she had understated her income significantly," says the San Diego child support lawyer. "We subpoenaed her banks, requesting copies of her personal and business bank statements."
The ex-wife's lawyer met the subpoenas with an objection and filed a motion to quash.
The opposing party moved forward with the objection and argued that the ex-wife's privacy rights were being violated.
Griffith prevailed by arguing that the issue of the ex-wife's income was before the court. Therefore her bank statements were necessary to discover her true income.
The motion to quash the subpoenas was denied and bank records were ordered released.
The court also stated it would consider ordering attorney fees against the ex-wife at the next hearing for contesting the subpoenas without sufficient justification.
Griffith says whenever issues of support orders or attorney fees are brought before the court each party has the right to discover the financial information of the other party by any means necessary.
"Any objection to a discovery process is challenging to substantiate and records are usually ordered to be released," says Griffith.
To learn more about Griffith & Young and their services in San Diego (http://www.sandiego-divorce-law.com/about-us/) , California or to schedule your free initial consultation and case analysis, please call 858-345-1720.
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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.