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?


Asked on 3/18/03, 1:36 pm

1 Answer from Attorneys
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

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."

Read more
Answered on 3/18/03, 1:56 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky