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    b4m2012 Posts: 7, Reputation: 4
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    Oct 8, 2012, 08:32 AM
    Subpoena duces decum question
    Hi, there... Can anyone tell me if I am to file a subpoena duces decum requesting my ex's paystubs and work verification for child support, what happens if she refuses to bring them to the court hearing? I gained custody of my son this past year and at the time, my ex was still unemployed (hasn't held a job in over 5 years because she either gets fired or quits), and so to be nice, I stated that we could just go with the lowest allowable in VA which is $65 a month. Well, a few weeks after that court date, she got a full time job. I also just started a new job last week, and should receive my first paycheck this Friday. She has been working since August 6, but only notified me by bringing it up in court on Sept 13 at her appeal for custody. She has already missed 3 payments, and I have been notified by DCSE that they will start process on garnishing her paychecks. My lawyer submitted a subpoena duces decum earlier in the year when we were still going through the custody battle, for her tax returns and such, which she refused to provide, but nothing happened. What happens when I file for a change in support and submit the subpoena duces decum if she refuses to provide information needed? My lawyer has advised me that she will direct me what to do for the change in support, without actually needing her to represent me, at no extra cost, because we've already had to pay over $10,000 in lawyer costs to get my son (his mother was withholding him from my visitation and filing false CPS charges against me), but I need to know what happens if she refuses this time.

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