Legal Question in Family Law in Minnesota

Re: Ex-Spouse's Income

Thank you for your question about how to discretely review your ex-husband's current income information.

I am frequently asked this question by those who want to review a support obligation, but who do not necessaryily want to undertake the responsibility of a modification motion. There is no way to obtain his income information (legally, that is) without his consent.

If you are reasonably certain that his income has substantially increased, however, I would be inclined to simply request a copy of his 2006 tax returns, with related schedules and attachments (W-2 wage statement, 1099's, etc.) If he objects, or is very circumspect about the information he provides, this may be a good clue that there is more income than he wishes to disclose.

You should be aware that, if your support is collected through the county, the child support office may make such a request for you, and in fact, may do so as part of its automatic review process. At this time, most child support offices around the state are bracing for the first wave of cases under the new child support statute, and so may not be as responsive as you would like.

It would be worthwhile to review his respective obligations with an attorney, and experiment with some hypothetical income numbers. You can at lest test your assumptions against the modification statute to determine how much his income would have to change in order to meet the modification threshhold under the statute.

Good luck and, again, thank you for your question. You can feel free to contact me if you have additional questions. My contact information is below.

Re: Ex-Spouse's Income

Unfortunately, there is really no way to discretely seek someone elsee's income information.

Pursuant to Minnesota statutes, you have the right to request tax return information every two years. As a result, the best approach is to simply sent a letter (retaining a copy for your records) requesting a copy of his 2006 tax returns, with related schedules and attachments. Your ex also has a right to your income information. If you wish cooperation, you may wish to include that information along with your request.

For a consultation call 952.746.2153 or visit divorceprofessionals.com