Legal Question in Family Law in New York
my husband's EX-wife's attorney Requests my tax return
I'm married 4 years and file separate tax returns from my husband. His ex-
wife asks each year to see my return to see how much I am earning. She
wants to see if my husband gave me money and If I invested it and made
capital gains. I never give it. My husband is current with his support
obligation. Whatever income is left from his salary as a teacher after paying
his child support goes to pay our bills.He has no other income and gives her
his return yearly. I am home with our two children. I do occasionally invest in
the market but only have losses. I made $5,000 last year from per-diem
teaching. Again we received a letter from her attorney wanting to see my tax
return because his client has an impression that there is additional income in
our marital home. My brother-n-law is an attorney and responds to these
letters for me but he is inexperienced and does not practice law. How should
we respond to this letter? Also, is my husband allowed to give me money
after he pays his child support obligation monthly? Aren't I allowed to do
whatever I want with that money?
Thanks
2 Answers from Attorneys
Re: my husband's EX-wife's attorney Requests my tax return
A fun case! Sorting through all of this is what 'Family Law' lawyers do. Sometimes it is just small, pettey stuff.
This is small, pettey stuff. She has a right to what the court ordered. Support is based on his income, not yours. If you made 1,000,000 dollars llast year, that would have no impact on the support.
Her claims are an harassment. If she uses an attorney then you can get him sanctioned for this type of thing. if she is doing this on her own, then you m ight want to get an 'order of protection' to keep her from contacting you in the future.
Good luck, but this is not going to get better unless you are firm with her and she will get more invasive and further overreach.
Re: my husband's EX-wife's attorney Requests my tax return
You can either ignore these demands or write back a single word response- "No." She is not entitled to your tax return.
Daniel Clement
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