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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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ct divorce decree granted July 20, 2011. clause included states

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ct divorce decree granted July 20, 2011. clause included states that neither one of us may make more than $30,000/year without going back to court for support modification. my lawyer forgot to include the necessary exchange of tax returns clause in order to be able to enforce this part of the decree. I am now seeking through the court system to get my ex's returns and a possible modification of support. my question: wouldn't any judge think this is a reasonable request and that my attorney screwed up omitting the exchange of returns? thanks, jane
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation, Jane.

. I am now seeking through the court system to get my ex's returns and a possible modification of support.

The best way to go about doing so - if you have not done yet - is to file for modification and then use discovery (specifically, a "Request for Production") to request these tax returns.

wouldn't any judge think this is a reasonable request

No - this is very standard and discovery usually asks for the other party's financial records - including tax returns - as part of a child support matter.

...and that my attorney screwed up omitting the exchange of returns?

Again, this is not unusual. However, if your attorney made this mistake, I am afraid that the decree stands as is and one has to seek proof of higher income from the other party as you are doing now. You may always file a grievance against the attorney, but, this would not solve the immediate matter and you would still need to illustrate to the Court that the ex is making more money.

But again, this is not an unusual request. If he will not comply, one in your situation may wish to use discovery to force the issue.

I hope this helps and clarifies.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87773
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
you say this is not an unusual request when it comes to child support. how about just alimony? i have a daughter in college for whom i provide a home and support. I am seeing an attorney next week to start the process of discovery and serving my ex with the necessary paperwork. in your opinion, just to be clear, my request for exchange of returns will be considered reasonable by the court, yes?? I do not plan to use my prior attorney or file any grievance against him. I just want the tax returns to use for a possible modification.
Expert:  Ely replied 1 year ago.
you say this is not an unusual request when it comes to child support.

Correct.

how about just alimony?

Also not unusual. It is not unusual to request tax returns as part of financial records for any matter where the party's finances are an issue, such as child support, alimony, or asset division. The request is proper as long as it "appears reasonably calculated to lead to the discovery of admissible evidence." CONN.PRACTICE BOOK § 13-2 et seq.

i have a daughter in college for whom i provide a home and support. I am seeing an attorney next week to start the process of discovery and serving my ex with the necessary paperwork. in your opinion, just to be clear, my request for exchange of returns will be considered reasonable by the court, yes??

Indeed, this is my opinion, and, if challenged by the other party, the discovery request is likely to be upheld by the Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.
thank you so much ely. you out my mind at rest. have a great day
Expert:  Ely replied 1 year ago.
My pleasure, Jane. All the best.

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