US Legal Forms
Legal Resources
Questions & Answers
Divorce
How do I subpoena records to support a child support claim in New York?

How do I subpoena records to support a child support claim in New York?

Q: Can you subpoena a child to court?

Yes, you can subpoena a child to court, but it is subject to specific legal considerations. Courts generally prefer to protect minors from being compelled to testify unless it is necessary for the case. If a subpoena is issued for a child, it may require court approval, and the child's best interests will be a primary concern.

Full question:

I have an emergency. I am appearing in court on next Thursday, March 25th, for a child support case, I need to file subpoenas for records to be served TOMORROW. The lawyer I was meeting just cancelled today. Please help! What subpoena forms do I need, and how do I fill them out? Do I take the papers to the court first to be signed, to I need them notarized, or do I just fill them out and have them served? I need to subpoena for my ex bf's: bank records, tax records, and his employer/parents bank records. He's claiming his base salary, but excluding the many perks and fringe benefits, including his attorney fees ($500 hourly) paid by his parents/employer. Thank you!

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: New York

Answer:

Please see the link below to the New York court system which contains forms for use in family court.

If you are having trouble securing an attorney to represent you, you may also be able to ask the court for more time to prepare for the hearing. You would ask the court for a continuance.
A continuance is a postponement of a date of a trial, hearing or other court appearance. An order for a continuance may be requested from the court by one of the parties, or the parties may agree to stipulate to a continuance. A court is more likely to decline a continuance if there have been other previous continuances. A continuance may be requested for various reasons, such as unavailablility of an attorney or interested party, necessity of extra time to prepare for the matter, and others

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the deadline for objections to a subpoena?

The deadline for objections to a subpoena typically depends on the jurisdiction and the specific rules of the court. Generally, a party must file objections within a reasonable time after receiving the subpoena, often within 14 days. It's important to check local rules or consult with an attorney to determine the exact timeframe applicable to your case.

What is rule 45?

Rule 45 of the Federal Rules of Civil Procedure governs subpoenas. It outlines the procedures for issuing subpoenas, including the requirements for serving them, the scope of discovery, and the rights of the parties involved. This rule ensures that individuals are not unduly burdened by subpoenas and provides a mechanism for challenging them.