Legal Question in Family Law in Kentucky
Any Right to Financial Privacy in a Divorce?
I have been divorced several years and pay child support to my ex. I have since remarried. Under the terms of the divorce I am required to provide financial information ''including tax returns'' to my ex so she can decide if she can increase the support amount. I filed a joint federal and a separtate state return with my new wife. Does my ex have any right to see the federal return, since it includes my new spouses income and tax information? I can provide the state return since it breaks out my income from my wife's and I can white out her information on her side of the KY return. What I show on the KY retunr is backed up with W2s and 1099s. Is this sufficient, or does KY divorce/support law allow someone to invade the financial privacy of a new spouse?
1 Answer from Attorneys
Re: Any Right to Financial Privacy in a Divorce?
What if anything is included regarding remarriage in your original Order or Agreement? If nothing is specified,
KRS 403.212, addressing how to calculate child support, implies
that your income, not yours & new spouse's, is the key.
2 segments of the definitions in this section are reproduced below:
"(2) For the purposes of the child support guidelines:
(a) "Income" means actual gross income of the parent if employed to full capacity
or potential income if unemployed or underemployed.
(b) "Gross income" includes income from any source, except as excluded in this
subsection, and includes but is not limited to income from salaries, wages,
retirement and pension funds, commissions, bonuses, dividends, severance
pay, pensions, interest, trust income, annuities, capital gains, Social Security
benefits, workers' compensation benefits, unemployment insurance benefits,
disability insurance benefits, Supplemental Security Income (SSI), gifts,
prizes, and alimony or maintenance received. Specifically excluded are
benefits received from means-tested public assistance programs, including but
not limited to public assistance as defined under Title IV-A of the Federal
Social Security Act, and food stamps."