Can an attorney subpoena medical and arrest records of ex-wife's cohabiting boyfriend? 6 Answers as of October 19, 2016

I am in process of trying to terminate my alimony based on my ex-wife cohabitation, and financially supportive relationship. I recently found out that her boyfriend was addicted to crack cocaine and had been treated at the local medical facility. Can my attorney obtain his medical record? I feel like the money I am paying to my ex and the child support I am paying for my children is being used to support his drug habit.

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The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
Arrest records, no problem. In fact, in most jurisdictions, such records are generally available online or are able to be accessed by the public. Medical records are a different story. A little bit more challenging. The real question is that if this guy is addicted to crack cocaine and living with your children is why DCF has not taken any action or why you have not filed an emergency motion to remove your children form that situation.
Answer Applies to: Florida
Replied: 10/19/2016
Carey and Leisure | John Smitten
The boyfriend's medical records are not relevant and you cannot get them.
Answer Applies to: Florida
Replied: 10/17/2016
Law Office of Robert E McCall | Robert McCall
Any relevant records of anyone may be subpoenaed.
Answer Applies to: Florida
Replied: 10/13/2016
Mediation Services of Southwest Florida
Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
In a Court of law, your what you feel is irrelevant and inadmissible. You must prove, with EVIDENCE your allegations. Unless you have documents or some other proof, you have no case. Listen to your attorney?s advise. That is what you are paying him/her for.
Answer Applies to: Florida
Replied: 10/13/2016
Ronald L. Bornstein, P.A. | Ronald L. Bornstein
Generally, with respect to the boyfriend's medical records, no. The arrest records are most likely public record and a subpoena would not be required, though his arrest records would have little or nothing to do with your claim to terminate your alimony obligation. Consult with an attorney to discuss the specifics of your situation and your options.
Answer Applies to: Florida
Replied: 10/13/2016
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Feelings do not make a case, facts do. The attorney may be able to show that it could lead to relevant information. Hire one soon.
    Answer Applies to: Florida
    Replied: 10/13/2016
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