Ex goes after family’s phone records
My ex-husband subpoenaed Verizon looking for records for most of my family. I have no idea why he would have the right to get cell phone records for my parents, my sister, our sons or my fiancé. I don’t even know why he is entitled to my cell phone records. I filed a complaint for modification back in January because I got laid off and I know he is making more money than he earned four years ago when we divorced.
Can I just ask Verizon not to produce anything to him? If I make that request will they honor it?
He probably is not entitled to this information but, rather, is using discovery abuse as a method of harassment. Discovery in a child support modification is far more narrow than what is permitted in a divorce because you have far fewer relevant facts to establish. I can come up with plausible reasons he might have issued the subpoena the way he did but really only if you work for a family business that employs the other people you listed. I do not see how your family’s Verizon records would be evidence or would lead to discoverable evidence otherwise.
Your family members should each notify Verizon that they are objecting to the subpoena and request that Verizon not produce any records until otherwise directed by the court. Then, each person needs to file a Motion to Quash the subpoena stating that they have no involvement in your child support modification case and their privacy rights are violated by his request. To the extent they hire counsel to file the motion, they should also ask for legal fees from your ex.
Your records might be different. If he suspects you continue to work and that you are trying to hide your income from him just to drive up his support obligation, he can argue the need for your records to examine them for certain patterns in your calling and/ or for purposes of determining where your phone is located. It is possible to determine from certain records whether your phone is in the vicinity of certain cellular towers for hours of time each day, which could tend to show you continue to work, perhaps under the table at this point. Unless you truly have something to hide, I suggest you permit Verizon to respond to the part of the subpoena seeking your records.
As for your sons, I assume where you are looking for child support, they are still dependent. I also assume they are on your phone plan. As their father, unless there are some unusual circumstances of which I am unaware, he should be allowed access to their records. So, again, I would not object to his obtaining those records.
If you remain silent on the things he probably is entitled to, it makes his overreaching on the rest that much more offensive to a judge.