Do You Have to Provide Tax Records for Child Support Modification Proceedings
My question involves a child custody case from the State of: VA
I recently started a new job. Just as I started this new job, my ex requested a modification of support based on the face that we no longer use daycare for the kids. He also thinks that I took the new job with a pay increase, when in fact, there was a decrease. The attorney for my ex is asking for my tax returns for the last 2+ years. The attorney uses language such as, "It would be appreciated" and, "If you don't mind" when requesting them. The attorney has never said these items are required, or informed me that this is something that would be subpoenaed if I didn't provide them. The attorney's language makes me think he doesn't necessarily need it, and frankly, being that he is representing my ex, I don't trust him.
I provided the attorney recent pay stubs from my new job, as well as insurance costs for the kids. The attorney continues to ask for tax info.
From what I understand, it's pretty cut and dry in the state of VA - CS is based on the following factors: Gross monthly income of both parents, insurance and daycare costs, and if there is another child from another person, those support costs (there is no other children in our case). Right? Or wrong?
So my question is: Do I have to give the attorney anything beyond what I have provided?
Would I be in trouble in some legal way if I didn't give the attorney my taxes?
I don't understand how my income in past years has anything to do with what I currently bring home. The attorney says it "assesses trends" in the court. Huh?
Once the order is in place, I am certain it will be reduced. Will there be "back pay" that I will be required to pay, or this enforced as of the date the court makes the ruling?
Faith11
Re: Do I Have to Provide Taxes
I don't know about VA specifically, but I can tell you that when my ex husband and the mother of his first daughter were doing the child support thing, they went back three years to get an average of how much overtime he was getting. In your case, it could be that they want to input you on what you "could" be making had you not voluntarily switched jobs for a lower income.
These are just my experiences that I am using as examples. There will be other posters who will have more insight about VA specifically.
Re: Do I Have to Provide Taxes
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readytoleave
I don't know about VA specifically, but I can tell you that when my ex husband and the mother of his first daughter were doing the child support thing, they went back three years to get an average of how much overtime he was getting. In your case, it could be that they want to input you on what you "could" be making had you not voluntarily switched jobs for a lower income.
These are just my experiences that I am using as examples. There will be other posters who will have more insight about VA specifically.
That of course is assuming that the change in jobs was actually voluntary, and if voluntary, was not done for a good reason. (for example, the new job is much closer to home, therefore saving more money in mileage costs than the reduction in income).
Also, the OP does NOT have to provide tax returns to the ex's attorney unless he/she actually gets a subpoena to provide the returns.
Re: Do I Have to Provide Taxes
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llworking
Also, the OP does NOT have to provide tax returns to the ex's attorney unless he/she actually gets a subpoena to provide the returns.
A subpoena is not required. Between the parties to a lawsuit, all that is needed is a proper discovery request for the documents. A subpoena is only needed to compel things from third parties who are not part of the lawsuit, e.g. banks, employers, etc.
Re: Do I Have to Provide Taxes
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Faith11
My question involves a child custody case from the State of: VA
I recently started a new job. Just as I started this new job, my ex requested a modification of support based on the face that we no longer use daycare for the kids. He also thinks that I took the new job with a pay increase, when in fact, there was a decrease. The attorney for my ex is asking for my tax returns for the last 2+ years. The attorney uses language such as, "It would be appreciated" and, "If you don't mind" when requesting them. The attorney has never said these items are required, or informed me that this is something that would be subpoenaed if I didn't provide them. The attorney's language makes me think he doesn't necessarily need it, and frankly, being that he is representing my ex, I don't trust him.
I provided the attorney recent pay stubs from my new job, as well as insurance costs for the kids. The attorney continues to ask for tax info.
From what I understand, it's pretty cut and dry in the state of VA - CS is based on the following factors: Gross monthly income of both parents, insurance and daycare costs, and if there is another child from another person, those support costs (there is no other children in our case). Right? Or wrong?
So my question is: Do I have to give the attorney anything beyond what I have provided?
Would I be in trouble in some legal way if I didn't give the attorney my taxes?
I don't understand how my income in past years has anything to do with what I currently bring home. The attorney says it "assesses trends" in the court. Huh?
Once the order is in place, I am certain it will be reduced. Will there be "back pay" that I will be required to pay, or this enforced as of the date the court makes the ruling?
Faith11
Why did you willingly take a job with a pay decrease? Expect that you will imputed at the higher level of pay. And most likely, if you don't voluntarily give it, you may be violating a LOCAL rule. Have you read those? If not, you should.
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llworking
That of course is assuming that the change in jobs was actually voluntary, and if voluntary, was not done for a good reason. (for example, the new job is much closer to home, therefore saving more money in mileage costs than the reduction in income).
Also, the OP does NOT have to provide tax returns to the ex's attorney unless he/she actually gets a subpoena to provide the returns.
What if there is a local rule stating she has to provide it? That doesn't require a subpoena. And she WOULD have to provide the tax returns if the local rules require it.
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Taxing Matters
A subpoena is not required. Between the parties to a lawsuit, all that is needed is a proper discovery request for the documents. A subpoena is only needed to compel things from third parties who are not part of the lawsuit, e.g. banks, employers, etc.
Plus this.
Re: Do I Have to Provide Taxes
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Ohiogal
Why did you willingly take a job with a pay decrease? Expect that you will imputed at the higher level of pay. And most likely, if you don't voluntarily give it, you may be violating a LOCAL rule. Have you read those? If not, you should.
What if there is a local rule stating she has to provide it? That doesn't require a subpoena. And she WOULD have to provide the tax returns if the local rules require it.
Plus this.
Ok, but it still requires the attorney to formally ask for it as discovery. Which the attorney has not done.
Re: Do I Have to Provide Taxes
Ohiogal:
I took the lesser paying job due to the location. I reduced my commute by almost two hours a day. I didn't ask for more money in child support when I took the reduction. I don't expect the ex to pick up the difference, as it was my choice to take the new job. I don't want our children to be penalized for it, though.
Would it be crazy to ask the attorney if I HAVE to provide the tax info? I have nothing to hide; I just don't like the idea of the ex having all if my personal information when none will be provided to me.
How do I find out the local rules?
The attorneys exact language was : "Without previous year's tax statements I will assume that those wages in the stubs just continue for a full year and I can calculate the annual income based on that."
Also: "If you don't mind I'd like to get more information - your tax returns"
And: "I can use these numbers if you wish. But if you have additional info it would be helpful."
No where does the attorney state that I am violating a local or federal law, nor do I see anything that shows otherwise...?
Re: Do I Have to Provide Taxes
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llworking
Ok, but it still requires the attorney to formally ask for it as discovery. Which the attorney has not done.
NOT if it is a requirement under local rules.
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Faith11
Ohiogal:
I took the lesser paying job due to the location. I reduced my commute by almost two hours a day. I didn't ask for more money in child support when I took the reduction. I don't expect the ex to pick up the difference, as it was my choice to take the new job. I don't want our children to be penalized for it, though.
Would it be crazy to ask the attorney if I HAVE to provide the tax info? I have nothing to hide; I just don't like the idea of the ex having all if my personal information when none will be provided to me.
How do I find out the local rules?
The attorneys exact language was : "Without previous year's tax statements I will assume that those wages in the stubs just continue for a full year and I can calculate the annual income based on that."
Also: "If you don't mind I'd like to get more information - your tax returns"
And: "I can use these numbers if you wish. But if you have additional info it would be helpful."
No where does the attorney state that I am violating a local or federal law, nor do I see anything that shows otherwise...?
It is YOUR responsibility to KNOW the local rules (not law) and follow them if you are pro se. You would need to read them -- the court in which you are in front of should have copies or tell you where to get them.
Re: Do I Have to Provide Taxes
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Faith11
Ohiogal:
How do I find out the local rules?
You start by looking at the Virginia Supreme Court rules that govern proceedings in Virginia courts. The rules for discovery start at rule 4:1 (page 302 of the pdf document), and rule 4:9 is the rule that specifically addresses requests for documents. The request must be written and must specifically state the records that the other party seeks. Evidently all the other attorney has done so far is make verbal statements that suggest he’d like the returns if you wish to provide them. That is not a discovery request and thus so far there is no requirement for you to provide them. Whether it might benefit to you to provide them is another matter, and one I cannot address without knowing all the facts of your situation.
You may also wish to contact the clerk of the court in which this matter is being litigated and ask if that court has any local rules that apply to civil proceedings and if it does, ask for a copy of those rules.
Re: Do I Have to Provide Taxes
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Taxing Matters
You start by looking at the Virginia Supreme Court rules that govern proceedings in Virginia courts. The rules for discovery start at rule 4:1 (page 302 of the pdf document), and rule 4:9 is the rule that specifically addresses requests for documents. The request must be written and must specifically state the records that the other party seeks. Evidently all the other attorney has done so far is make verbal statements that suggest he’d like the returns if you wish to provide them. That is not a discovery request and thus so far there is no requirement for you to provide them. Whether it might benefit to you to provide them is another matter, and one I cannot address without knowing all the facts of your situation.
Thank you. I have read over the attorney's emails and there is no verbage stating that this is a formal request or that these items are needed for discovery. Everything is written as I stated above - more casual, using verbage such as, "If you could send these documents" or "it would be helpful" ..."if you don't mind" - this leads me to believe it's not required.
You may also wish to contact the clerk of the court in which this matter is being litigated and ask if that court has any local rules that apply to civil proceedings and if it does, ask for a copy of those rules.
I will check with the clerk for info. Thank you.