Discovery: Subpoenas, Depositions, and Requests

Discovery is how you gather evidence the other parent (or third parties) won’t hand over voluntarily. In child support cases, discovery should be targeted and proportional—enough to prove income, insurance, and expenses without turning a modest dispute into a marathon.

Core tools. Interrogatories (written questions), requests for production (documents), and requests for admission (to confirm basic facts) are standard. Subpoenas reach third parties—employers, banks, daycare providers, or gig platforms—for records like payroll, 1099s, bank statements, or attendance logs. Depositions allow live questioning under oath when credibility or complex finances are at issue.

Proportionality and scope. Courts limit fishing expeditions. Tie requests to the issues: income (paystubs, tax returns, contracts), benefits (insurance premiums, fringe benefits), and parenting time (attendance logs, travel records). For self‑employment, ask for business bank statements, general ledgers, and invoices. Limit time frames (e.g., last two years plus year‑to‑date) to avoid burden and cost.

Privacy and protective orders. Sensitive data—SSNs, account numbers, health info—should be redacted or produced under a protective order limiting use to the case. Offer to accept documents via a secure portal. If you receive an overbroad subpoena, object promptly and propose narrower categories. Judges reward parties who balance proof with privacy.

Timing and enforcement. Follow your state’s discovery deadlines and meet‑and‑confer requirements. If the other parent doesn’t respond, file a motion to compel with a concise declaration listing what you asked for, when, and why it matters. Attach your good‑faith emails and a proposed order. Courts may award fees against a party who stonewalls.

Depositions and experts. Depose a business owner or accountant if paper records don’t tell the story. For vocational issues, depose the other parent about job searches and qualifications before seeking a vocational evaluation. Keep depositions short (2–3 hours) and focused—earnings, benefits, and availability for parenting time.

Using what you get. Organize productions by source and date. Create a summary chart: gross income by month, insurance premiums, childcare costs. Bring the chart and the key source documents to the hearing. If documents contradict sworn affidavits, flag the inconsistency respectfully; credibility matters.

Bottom line. Discovery should illuminate, not intimidate. Ask only for what you need, protect privacy, and enforce deadlines so the court can decide based on real numbers.

Disclaimer: Educational information only; not legal advice. Discovery rules vary by state and change over time. Consult a licensed attorney.

Targeted subpoenas. Ask the employer for: (1) start date, position, and pay rate; (2) year‑to‑date gross; (3) bonus/commission policies; (4) health‑insurance cost sheets; and (5) last 12 pay periods’ stubs. For banks: monthly statements for specific accounts for a defined period. For platforms: 1099‑NEC/K forms and payout summaries. Narrow requests get faster compliance and fewer objections, moving you to an enforceable order sooner.

Meet‑and‑confer script. Email a short list of missing items with a 7‑day deadline and propose a call. If no response, attach that email to your motion. Courts want to see you tried informally before invoking sanctions, and this paper trail speeds relief.

Example. A rideshare driver refuses to share earnings; a subpoena to the platform yields monthly payout summaries and 1099‑K forms. Cross‑checking bank deposits with those summaries gives a reliable income figure without invasive fishing.