S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: shared legal cust can I order tax records  (Read 4897 times)

spinner

  • Full Member
  • ***
  • Posts: 385
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #10 on: Jan 09, 2007, 11:36:34 AM »
Again, read the first post. I never said the issue was who claimed the child.

You are debating on a subject that has nothing to do with my first question. please re-read the first post


mistoffolees

  • Sr. Member
  • ******
  • Posts: 1697
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #11 on: Jan 09, 2007, 01:37:36 PM »
Maybe you should read your first post. You made an issue of your ex claiming your son. If you are concerned about her lying about her income, you should have stated that as the issue in your first post - not the 5th or 6th one.

Now, go back and read my previous post. You have no right to her tax records. If you have evidence that she's lied in the documents used to calculate support, you can provide it to the court. Without that evidence, the court is going to say you're on a fishing expedition.

It may all be irrelevant, anyway. If your court order is no more specific than what you've given, you can't demand any more money from her even if she earns a million dollars a year. Does it simply say that you 'agree to help with finances' or does it give a specific formula?

Even that is a moot point unless you can prove that she's lying on her taxes.

mistoffolees

  • Sr. Member
  • ******
  • Posts: 1697
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #12 on: Jan 09, 2007, 01:38:45 PM »
"Hi,
with my ex we have shared legal cust of our kid.
we filed separate tax returns.
she claimed our kid.

having shared cust, do I have right to order transcripts of tax records based on the fact that our kid is on there and she claimed him."

Sure looks like you're making an issue of it.

But, as I've explained repeatedly, it's irrelevant. Neither you nor your son has any rights to her tax returns.

wysiwyg

  • Full Member
  • ***
  • Posts: 323
  • Karma: -2
    • View Profile
RE: shared legal cust can I order tax records
« Reply #13 on: Jan 09, 2007, 02:02:46 PM »
I am not an attorney and can not advise but I can give my 2 cents, first I agree with MistofeleesI do not believe that with identity theft etc you can get this infomraiton especially if it contains a SS#, which 1040's do.  Second if your child is a minor I would not think that as a minor they can ask for records.

So that being said and you believe she has provided a "false" 1040 to the court, why not subpoena her income - pay stubs, and all relevent financial incomes from property, accounts etc, to prove her figures in the 1040?  I believe you can do a subpoena thru the courts or interogatories asking for said info.  

You might ask Soc his opinion on getting this information, and if it is necessary etc.

spinner

  • Full Member
  • ***
  • Posts: 385
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #14 on: Jan 09, 2007, 02:33:51 PM »
"do I have right to order transcripts of tax records based on the fact"

I don't see where I am making an issue of who is claiming him

I ask a simple question (which you already have answered)... on the fact that only describes the fact, not that I am making an issue about it


spinner

  • Full Member
  • ***
  • Posts: 385
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #15 on: Jan 09, 2007, 02:36:37 PM »
can I do a suppenea to her work for W2?
who would I do the suppenea to for W2.


PS: that's what I was looking for, good advises rather than someone butheading on anger and getting back at, .... boy some peoples here are on fire seeing ghosts all over. Anyway thank you, this is what I was looking for

mistoffolees

  • Sr. Member
  • ******
  • Posts: 1697
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #16 on: Jan 09, 2007, 02:50:10 PM »
Since the divorce appears to have already been finalized, my guess is that he's not going to be succesfful in subpoena'ing the documents.

Unless he has hard evidence of fraud, the court is likely to treat it as a fishing expedition and decline (at least if her attorney is even halfway competent). If he already has hard evidence, he should by all means present it to the court and ask for adjustment to support as I suggested several times.

Fortunately, THINKING someone is cheating isn't enough in this country to prove guilt.

But your suggestion to as Soc for an opinion is worthwhile.

wysiwyg

  • Full Member
  • ***
  • Posts: 323
  • Karma: -2
    • View Profile
RE: shared legal cust can I order tax records
« Reply #17 on: Jan 09, 2007, 03:14:23 PM »
I understand what you are saying and for the most part I could have agreed with you, however, we have gotten these same types of records in interoggatories and subpoenas post divorce, typically done for recalculation of CS and day care expenses.  This is how we found out that BM was not paying the 100 week she claimed to have spent on day care when in fact she wa sonly paying 32.00 a week, and this is also how we found out that she was nopt coveringthe child's medical insurance as ordered by the court.  It was a thought, but you are right, Soc would haev the most insight and best advice.

mistoffolees

  • Sr. Member
  • ******
  • Posts: 1697
  • Karma: 0
    • View Profile
RE: shared legal cust can I order tax records
« Reply #18 on: Jan 09, 2007, 04:34:25 PM »
The reason I don't think it's going to go anywhere is that she's already provided the court with all the information they requested, so there's no grounds for another subpoena unless there's evidence of fraud.  He's going to go into court and say "I want my wife's income information" and she's going to say "I already provided it".

Unless he can prove that she's lying, case closed - and he's likely to end up paying her legal expenses, too.

Of course I may have missed something which is why Soc is here.

Ref

  • Hero Member
  • *****
  • Posts: 936
  • Karma: 17
    • View Profile
I don't see it either
« Reply #19 on: Jan 10, 2007, 11:01:06 AM »
You legally can not get a copy of the return from the IRS. Are you going back to court? Have you filed for something? If so, I would supeona your ex for final paystubs. You can compare the information with the return you already recieved.

Is your child applying for student loans? If so, I believe they ask for the parents to provide income information to them. You might be able to get the info that way.

Another option is if the child was on lunch assistance for school. You have every right to see those records and BM would have to put her salary down for that. Chances are that she would lie there too and say she is making less so that the kid has the benefit.

I know what you were saying. You thought the fact that you both could claim the child would enable you to get the info from the IRS. You weren't concerned about who gets to claim. It isn't the case.

Do you think she is lying enough to make it worth the search?

DH's ex's attorney asked him for 3 years of tax returns, paystubs for 6 months, bank statements for a year for all accounts in his name or joint. The court didn't stop her, so I don't think they would stop you from requesting the same.

Good Luck
Ref

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.