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AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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My ex has demanded a 125a mandatory disclosure ( state of

Customer Question

My ex has demanded a 125a mandatory disclosure ( state of NH) part of the disclosure is the last three years of tax returns. He produced 2012,2013 2014. He has refused to produce 2015 claiming it has not been filed and that he got an extension to October from the IRS. This is the first time in 26 years he has gotten an extension and he was the one to demand the 125a disclosure. Is he obligated to produce it for the July court date and if I file a motion to compel is the court likely to demand he produce it?
Submitted: 1 year ago.
Category: Family Law
Expert:  AttyHeather replied 1 year ago.
Hi, I'm Heather, an attorney and would like to assist you for informational purposes. If he tells the judge he obtained the extension, the judge will likely give him some leeway and not require it for the hearing. If he does not produce it before the Oct. 15 deadline, then the judge is more likely to grant your motion to compel. If you file a motion to compel for the July hearing, it will be likely denied (for the 2015 taxes) because he will say he filed the extension, and then the judge will ask you something like, "how should I compel him to produce this when it is not done and he has filed an extension?" Then the judge might ask your ex when it will be done, and your ex will give a date. You should then chime in and ask the judge to order that he provide it to you on that date, and the judge will likely do that.