Verifying Tax Return Info

[rickdad]

Hello Soc,

Venue is NY.

X has filed OSC for downward modification of support (I am CP, she is supposed to pay CS).  She didn't appear at OSC hearing & her atty. sent a 'substitute atty' b/c atty was 'unavoidably detained'.  Substitute atty. knew nothing of the case.  Judge said she was going to assume there 'might be something to this' b/c otherwise X's atty. could be in trouble for filing OSC, so she set trial date for Nov.

Judge ordered updated financials for both sides.

I am pro se.

X's tax return doesn't seem to jive w/previous info she has stated, or previous pay stubs she has submitted to me (to show me garnished amount from her wages).

I suspect the tax return X submitted is not the actual tax return that went to the IRS.

1) Is there any way I can obtain a copy of her tax return from the IRS?

2) Any other way to verify this is the actual filed tax return and not just the lastest thing she made up on the computer?

Thanks in advance.

[socrateaser]

>1) Is there any way I can obtain a copy of her tax return from
>the IRS?

You can submit a request for interrogatories to the attorney and ask specific questions about the portions of the documents that you believe do not reconcile. If your request is rebuffed, or the answers do not adequately address your concerns, then you can file a motion to for an order instructing the other parent to sign the IRS forms necessary for you to obtain a transcript/copy of the person's return directly from the IRS.

Then you can present the court with your evidence showing that the info is contradictory, and that should provide the court with sufficient cause to order the other party to sign the IRS forms. Obviously, if this is a fraud, it won't get that far, unless your ex is an idiot.

If it's really bogus, what will probably happen is that the other attorney will try to convince his/her client to tell the truth, and if the attorney discovers that the client has offered phony documents, then the attorney will ask the court to permit the attorney to withdraw from the case...at which point, you will know that the docs are a fraud.

>2) Any other way to verify this is the actual filed tax return
>and not just the lastest thing she made up on the computer?