I have been with my boyfriend for 11 years. He divorced in 2014 and has been ordered to pay permanent alimony in Florida. He had a change of circumstance and lost his job over a year ago and has now filed for alimony modification with his ex wife. I have been subpeoned to appear to a deposition for this matter. Is this applicable? Do I HAVE to appear? We have seperate bank accounts and have nothing to hide. Thank you
Under FLorida law a subpoena is a legal document that requires you to appear or you could potentially face charges of being in contempt of court. However, that said, if you feel that you should not be required to appear you can file a Motion for Protective Order in advance of the date you are supposed to appear for the deposition. You would hae to state why you believe you should not be legally required to appear and then ask the Court for a hearing on the Protective Order.
The Court can then either grant your motion and you would not have to appear, or deny the motion and require you to appear. As an aside, I suspect your are being subpoenaed to see if you know of any money your boyfriend is making and to see if you are supporting him in any way in the interim because that support could be imputed as income to him for the purposes of alimony.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward*Miami-Dade* Boca Raton
954-316-3496/561-962-2785
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