QUESTION
Can an attorney subpoena medical and arrest records of ex-wife's cohabiting boyfriend?
Asked on Sep 21st, 2016 on Divorce - Florida
More details to this question:
I am in process of trying to terminate my alimony based on my ex-wife cohabitation, and financially supportive relationship. I recently found out that her boyfriend was addicted to crack cocaine and had been treated at the local medical facility. Can my attorney obtain his medical record? I feel like the money I am paying to my ex and the child support I am paying for my children is being used to support his drug habit.
5 ANSWERS
John Arthur Smitten
The boyfriend's medical records are not relevant and you cannot get them.
Answered on Oct 17th, 2016 at 6:32 AM
In a Court of law, your what you feel is irrelevant and inadmissible. You must prove, with EVIDENCE your allegations. Unless you have documents or some other proof, you have no case. Listen to your attorney?s advise. That is what you are paying him/her for.
Answered on Oct 13th, 2016 at 6:23 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Any relevant records of anyone may be subpoenaed.
Answered on Oct 13th, 2016 at 6:22 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Feelings do not make a case, facts do. The attorney may be able to show that it could lead to relevant information. Hire one soon.
Answered on Oct 13th, 2016 at 10:49 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, with respect to the boyfriend's medical records, no. The arrest records are most likely public record and a subpoena would not be required, though his arrest records would have little or nothing to do with your claim to terminate your alimony obligation. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Oct 13th, 2016 at 10:49 AM