Legal Question in Family Law in Virginia
Privacy Act
My husband's ex's lawyer has requested a Financial Disclosure Form that contains information pertinent to me. I have forbid my husband from answering any questions that are pertinent to me. I feel that I have this right based upon the Privacy Act. Some of the questions asked pertain to me as well as my husband, i.e., value of home, mortgage payments, credit card debts, checking and savings accounts, etc. Can my husband refuse to answer these questions, given that they are an invasion of my privacy also and that I have forbid him to provide information that pertains to me? I don't feel that any assest we have accumulated in our 16 years of marriage should be considered since he did not have these assets when he was married to his previous wife. As an addendum, can her lawyer demand that back payments be made in cash and be non-taxable to her since the U.S. Government authorizes a tax deduction for alimony? Payments to her are part of my retirement and although not alimony, in the eyes of the IRS can be deducted on income taxes as alimony.
1 Answer from Attorneys
Re: Privacy Act
Perhaps, you mean that the lawyer of your husband's ex wife is requesting that he provide certain information on a financial disclosure form regarding his assets for the purpose of evaluating support obligations which he may owe to his family from his prior marriage.
If that's the case, only his share of assets which
are currently jointly held with you would likely need to be disclosed in addition, of course, to any assets which are soley his property.
In regard to your addendum question, of course, the lawyer could demand cash for any back payments owed but that in no way signifies that that method of payment for arrearages must be complied with.
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