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LegalPro, Lawyer
Category: Family Law
Satisfied Customers: 589
Experience:  33 years experience in domestic relations and family law practice.
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I am unemployed. I made 21k last year. My ex made upwards of

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I am unemployed. I made 21k last year. My ex made upwards of 80k, yet he begrudges me and my children every dollar. In April I went for more support and got it but still feel cheated as my ex lied about his tax situation and my lawyer allowed it. Ex is remarried with a step dtr & is able to claim 1 of our 2 kids as tax dependents a total of four dependents compared to my 2 - and my guess is he wrongfully claimed our other kid, too. When my lawyer asked for his taxes he did not provide - said he was refiling - 2nd time he said he had not filed for 2011 and his filing status would be married filing separately. My lawyer and I know this is a lie, but she has not done anything other than ask for his info, (which he refuses) and shrugs. Can he be made to provide his taxes? Can they be sent directly to my lawyer or the courts, so he does not falsify anything. He is devious.
Yes, tax returns are generally discoverable in cases where child support is an issue. If he will not supply the returns in response to regular discovery requests, he could be specifically court ordered to provide the return by a certain date. Then he could be answerable directly to the judge. Usually, these tax returns are provided directly to your attorney unless the court orders otherwise.
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Customer: replied 5 years ago.

He wont supply the returns. Says he has not filied since 2010 and indicates his status for 2011 will be married filing separately. What specific process or motion can be filed to make him comply? Also, when his taxes are court ordered, and show his lies, can adjustments in support be backdated to April when I initially filed for more support?

Of course, return copies can be provided by the IRS when so court ordered. If he will not supply complete accurate return copies pursuant to regular discovery, a motion to compel discovery is the proper procedure to have this discovery request specifically court ordered. If he should supply any inaccurate or falsified return copies, he could face penalties of severe sanction by the court for fraudulent acts. And yes the support would certainly be adjustable to award you support according to what was correct and accurate tax information back to the time you filed.
Customer: replied 5 years ago.

Great info, thanks. Sorry to asking for so much detail but I want to make sure I can ask for his tax returns (when he says he hasn't filed) - and it's his word against mine? Can I still request a motion to compel discovery based solely on disbelief? He has never failed to file taxes before and makes 85K+ per year.