Custody, Support, and Technology: Leveraging Subpoena Power in NYC Family Court

In the complex world of NYC family law, where disputes over custody, support, and finances are commonplace, the strategic use of subpoenas can be a game-changer. Subpoenas are powerful legal tools that allow attorneys to compel the production of documents, testimony, and other crucial evidence from third parties. At Veridian Legal, our experienced NYC family law attorneys understand how to effectively utilize subpoena power to uncover hidden assets, reveal misconduct, and build strong cases for our clients.

Uncovering the Truth: How Subpoenas Can Make a Difference in Your Case

Subpoenas can be instrumental in obtaining critical evidence that can significantly impact the outcome of your divorce or custody case. Here are some ways subpoenas can be used:

• Financial Records: Subpoenas can be served on banks, investment firms, brokerage accounts, and other financial institutions to obtain records that reveal a party's true financial situation. This is crucial in determining child support, spousal support (maintenance), and the equitable distribution of assets.

• Employment Records: Subpoenaing employment records can reveal a party's income, benefits, bonuses, stock options, and employment history, which is essential for calculating support obligations and understanding a party's earning capacity.

• Social Media and Online Activity: While the Stored Communications Act limits the content that can be obtained directly from social media companies, subpoenas can be used to obtain non-content information, such as IP addresses, location data, and timestamps, which can be valuable in building a case.

• Travel Records: Subpoenaing travel records from airlines, hotels, and ride-sharing services can reveal a party's travel history and whether they have been traveling with children in violation of court orders or agreements, or using marital funds for trips with new partners.

• Medical Records: Subpoenas can be used to obtain medical records relevant to custody or support determinations, such as mental health records, substance abuse treatment records, or records related to a party's physical health that may impact their ability to parent.

• School Records: Subpoenaing school records can provide insights into a child's academic performance, attendance, behavioral issues, and any special needs, which can be relevant in custody cases.

• Therapist/Counselor Records: In custody cases, subpoenas can be used to obtain records from therapists or counselors who have treated the child or the family. These records can provide valuable insights into the child's emotional well-being and family dynamics.

• Witness Testimony: Subpoenas can compel witnesses to appear in court and provide testimony that is relevant to your case. This can include friends, family members, teachers, therapists, or other individuals who have knowledge of the family dynamics, the child's well-being, or a party's behavior.

The Stored Communications Act and Its Limitations

While subpoenas are powerful tools, there are limitations on what information can be obtained from electronic communication providers, such as social media companies, email providers, and cell phone carriers. The Stored Communications Act (SCA) protects the privacy of electronic communications and restricts the type of information that can be disclosed in response to a subpoena.

• Non-Content Information: In civil cases, attorneys can generally only obtain "non-content" information from electronic communication providers. This includes:

  • IP addresses

  • Location data

  • Dates and times of emails, messages, or calls

  • Billing information

  • Subscriber information

• Content Information: "Content information" refers to the actual content of emails, text messages, and social media posts. This information is generally protected by the SCA and cannot be obtained without the user's consent or a court order.

• Exceptions: There are some exceptions to these limitations, such as when:

  • The user consents to the release of the information.

  • A court orders the release of the information based on a finding of probable cause that a crime has been committed.

  • The information is necessary to prevent harm to a child.

Obtaining Information from Apple, Google, and Other Tech Companies

Even though the SCA limits what information can be obtained directly from tech companies, there are ways to obtain relevant data from these sources.

• User-Initiated Downloads: Apple, Google, and other tech companies allow users to download a copy of their data upon request. This can include a vast amount of information, such as emails, photos, search history, location data, browsing history, app usage data, and more. If your spouse is willing to provide you with a copy of their downloaded data, it can be a valuable source of evidence in your case.

• Court Orders: In some cases, the court may order your spouse to provide you with a release or to download and provide you with a copy of their data from these companies. This may be necessary if there is reason to believe that the data contains relevant evidence that is not readily available through other means.

Subpoenas in Divorce Cases: Determining Spousal Support

Subpoenas are also valuable tools in divorce cases, particularly when it comes to determining spousal support, also known as maintenance.

• Establishing Financial Circumstances: Subpoenas can be used to obtain a complete financial picture from banks, investment accounts, retirement funds, and other sources to establish a party's income, assets, and expenses. This information is crucial in determining the appropriate amount and duration of spousal support.

• Uncovering Hidden Assets: Subpoenas can help uncover hidden assets or income that a party may be trying to conceal. This can ensure a fair and equitable distribution of property and support obligations. For example, subpoenas can be used to obtain records from offshore accounts, shell companies, or trusts that may be used to hide assets.

Need to uncover the truth in your NYC divorce or custody case?

Contact Veridian Legal today for a confidential consultation. Our experienced family law attorneys can leverage the power of subpoenas to gather critical evidence and build a strong case for you.