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  1. #1
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Unhappy When Can You Refuse to Share Tax Information

    My question involves child support in the State of: WV

    In my husbands divorce it stated that the parties are to exchange tax information every year by April 15th. That they are to do this every year until neither party owes financial responsibility to the other. Well this has been a standing order since 2003. We have been together since 2007. They have NEVER exchanged tax information before. Neither party unless they were in court and the judge required them to. Even with that it was just information based on what they provided not actual court papers.

    Well in WV they share ALOT of info with the non-custodial parent. Here in FL they donít tell the non-custodial parent squat. When my husband would get a job she would know where he was working usually before he got his first check. Well he owes back support from 05 06. In about 6000 (before interest that is almost 2000 on top of that UGH). Well she thought that she could get 100% of the back arrears somehow so asked WV to file a intrastate petition asking FL to enforce the order. This was against their case workers advise but they did it. Well now she doesnít know any of his work info etc. All she knows is she is getting paid every month almost double her support. ( I send it in to try and get some of the arrears up) She thinks he is working. He is not medically he canít he is service connected VA and has had 2 surgeries on neck fusion/ spinal fusion in the last 1.5 years. Number three will be coming up as soon as I can build up time at my job to stay home and take care of everyone for 6-12 weeks.


    Anyhow she thinks he is working. So she is demanding the tax info in the court order. She has yet to send hers though in emails states I have sent mine. He does NOT have any W-2s to send her or anything of the sort. We filed together I did an injured spouse form. I have 2 children from a previous marriage and 1 from our marriage. I owned my home and any other taxable items BEFORE we got together. I do not want her knowing my SS# my income my childrenís SS#s, my home tax info etc etc etc. This info is def. not her info to have. Can this be contempt on our part? I donít see how the judge will say my income my job info my childrenís info etc is her right to know.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Can You Refuse to Share Tax Information

    If the order says, "The parties are to do X", and the parties mutually choose not to do X, as long as no third party has sufficient interest and standing to enforce the order it's generally no big deal.

    If the orders says, "The parties are to do X" and, regardless of past practices, one of the parties refuses to obey the order, the other can seek enforcement. The party against whom enforcement is sought can try to argue that the non-enforcement in past years is somehow a waiver, but (perhaps particularly in the context of a child support review) I would not expect that argument to succeed. The party can also argue, "The order needs to be enforced against both parties," and I would expect the court to agree.

    There's no reason why non-parties' SSNs could not be redacted from tax documents your spouse provides. You and your spoouse are free to bring any motion you want in court, to argue that certain information is irrelevant and should be held under seal or not disclosed.

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