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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3425
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I have been divorced since last September, and it took place

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I have been divorced since last September, and it took place in New Mexico as that's where my ex and my daughter live. Last November I moved to Chicago for a great job, but i didn't notify my ex of my change of income, which is about One and a half times more than I earned before moving. Well, I've decided to contact her attorney to finally let him know that we need to change the Parenting Plan to reflect the actual amount, which will change the amount I pay in Child Support too. He replied to me requesting the last 4 months of pay stubs, AND last years Tax Returns.. I told him that I am salary, and I could just send him my offer letter stating that, but He insisted on pay stubs, and Tax returns. Now a couple things about the Tax Returns.. It states in my Decree that if they want to see last years Tax Returns, they need to contact me in writing before April 15th, which has since passed, and I wasn't quite sure why He wanted them. He told me that it's the State Law in New Mexico to turn over your Tax Returns to the other party whenever it's requested, all they way until the child isn't eligible for support anymore. Also, I also wanted to have the mother turn over the responsibility of Health Insurance to me since it would be a lot cheaper, and it would save me a little in Child Support, and save the ex money from having it deducted from her check every month. I do not have an attorney, and I'm hoping that we can just come to an agreement, that's why I'm asking for some advice here. Thanks

SoloLawyer : Hello -Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
SoloLawyer : If your decree states that you must alert your ex when your income increases, the only way to get a clear picture of that is with the tax returns and stubs. The offer letter doesn't show anything. I don't think you'll be able to convince the Judge that there is any reason you should not have to turn them over.
SoloLawyer : I hope this answers your question, but if you have a follow up question, I'll be happy to address it.
SoloLawyer : to answer directly, she has a right to the requested information once per year, after requesting in writing
SoloLawyer : Here is the NM statute:
SoloLawyer : B. All child support orders shall contain a provision for the annual exchange of financial information by the obligor and obligee upon a written request by either party. The financial information to be furnished shall include: (1) federal and state tax returns, including all schedules, for the year preceding the request; (2) W-2 statements for the year preceding the request; (3) Internal Revenue Service Form 1099s for the year preceding the request; (4) work-related daycare statements for the year preceding the request; (5) dependent medical insurance premiums for the year preceding the request; and (6) wage and payroll statements for four months preceding the request.
Customer: Ok. so even though the deadline has passed, the fact that I changed jobs would override that? Also, when I was hired, I was given a ONE TIME moving expense check for 6,000 dollars in December. Would she be entitled to part of that too, or how would that be treated since it was included in my W2 as income ? Would I have to pay back child support for the difference from what I have been paying, and what I should've been paying ?
SoloLawyer : From Section 40-4-11.4 - link:
SoloLawyer : There is no deadline under the 40-4-11.4 You have to produce them.
SoloLawyer : As far as the $6000 goes, if it's listed as income, it will be counted.
SoloLawyer : Yes, the Judge could possibly order you to pay the difference between what you were paying and what you should have been paying.
Customer: really ? Wow.. After taxes, I only got about 3700 dollars from that moving check, and now she'll even get part of that ? Is there any argument for that at all ?
SoloLawyer : You could argue that it should not be counted as income because it was a moving reimbursement for costs expended. Under that argument, you'd need to show the costs expended.
SoloLawyer : I hope this answers your question, but if you have follow up questions, I'll be happy to address them.
SoloLawyer : I hope you found my time valuable and I would appreciate you rating me if you don't mind. :) Good luck!
SoloLawyer : Michael
Customer: So if I go ahead and send her attorney all my tax stuff, and paystubs, does he have to contact me first, or can he just take the information and run with it, filing with the State of NM my information, and basically doing what they want to do ? Also, Is the Health Insurance question a mute point ? Someone told me that it's her choice, since my daughter lives with her there.
SoloLawyer : I'm not sure what you mean by contact you first. He can use your info to show that you now owe X amount per month and get a judgment/modification to reflect that. Yes, it's her choice, but it's also in the Order, right? To change it, you would need to modify the order.
Customer: By contacting me first, I meant that he would send me whatever he has written up before he files it. Don't I need to agree, or sign something first ?
SoloLawyer : If he is doing an Agree order with the Judge, yes, he would send it to you to sign.
Customer: That way, if I see that He has added anything, such as that moving expense, I can at least argue it with him first
Customer: never know what else he might try to slip in for a change before it gets to the judge
Customer: i just want to try and protect myself
SoloLawyer : Yes, that's correct. I've got to run out of the office now. I hope this was helpful.
SoloLawyer : If you have further follow ups, you can always come back and ask them.
SoloLawyer : I'll be here.
Customer: Thank you so much. Thanks, XXXXX XXXXX run for awhile too
SoloLawyer : I would appreciate a rating if you have time...
SoloLawyer : And I'll be looking for any follow ups.
SoloLawyer : Sincerely,
SoloLawyer : Michael
Michael J, Esq. and 3 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Since the Mother has Primary Physical Custody, does she have the right to keep her on her insurance, even if mine is a better option ?
Customer: replied 3 years ago.
And one last question.. If I have to submit all my Tax records for the remaining 9 years of my Child Support obligation, how can I protect my future wifes information, and her annual income from be seen by my ex and her attorney when we file a joint return ?
Re: primary physical custody - yes, she does.

Re: tax records - my guess would be that you if you can't redact her information without altering yours, you will have to submit the full record.

Hope this helps and good luck!


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