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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in Connecticut. My divorce decree states that my ex

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I live in Connecticut. My divorce decree states that my ex husband may apply for alimony modification when he is allowed, per the decree, to retire at age 66 1/2. He is self employed and I hold no stake in his company. Will he have to prove through tax returns that his income has been reduced for modification to be granted? Is it reasonable to assume that the court would want to see his company tax returns as well?
Thank you for your question. Please permit me to assist you with your concerns.


If I may ask, how long have you been divorced? Has he filed for a modification? Is your spouse the sole owner of the business entity?
Customer: replied 3 years ago.
I have been divorced for two years after a 30 year marriage. My ex is turning 64 in January so he cannot file for modification for two and a half more years. He is the sole owner of his company

Thank you for your follow-up, Jane.

 

Are you concerned that he will? I ask because at least so far if he is filing for any modification, it would be up to him to prove and show that he has a legitimate need for hardship or change in circumstance. Without it no court and no judge would grant any modification purely because the burden of production of evidence of proof is on the other party. What he produces is up to him, but you as a contesting party can demand tax returns and the returns for the corporation as part of evidence that his income is truly down and not just for the purpose of filing for a modification.

 

Hope that helps.

Dimitry K., Esq. and 5 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
I'm just looking ahead. I don't thinkmhe will try to modify before he is allowed to retire. I assume the court would find it reasonable for me to want tax returns, personal and corporate, regardless of what he produces as evidence of reduced income?

Thank you for your follow-up, Jane.

 

I can understand looking ahead as a viable option. You can most definitely request, as a general minimum, up to 3 years of past returns for himself, and if he is the sole proprietor, the business tax returns. But if he is not a controlling owner, while you can request the tax records, the company could deny access based on the fact that the ex and the company are two separate legal entities.

 

Hope that helps.

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