Q: I filed a downward modification. I provided all the required documents; financial affidavit, current paystubs. I didn't provide my husbands 2013 tax return where I am listed as a dependent- I made no money that year, I was unemployed. The judge stated that I must provide that tax return so she can see I didn't make any money. I fully understand that, but, I do not feel that my husbands salary (income), assets or any other tax info should be provided to my ex-spouse. I am fearful that it would be misused in those hands. How can I comply when I do not want to provide my husbands personal info? I have since became employed this year. Should I withdraw my petition and re-file next year when I have a tax return for 2014 solely of my own to provide to the court and opposing side (my ex-spouse)?
A: David's Answer: The tax return is mandatory disclosure, so you have no choice but to produce it. If you do not want to, then you'll indeed need to withdraw & re-file next year - with the proviso that you'll need to continue paying whatever the current order is. Schedule a consult with a White Plains Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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