[jessesgrllll]

I was ordered by the court to provide my tax returns for the last three years. However I file with my husband who is not a party to the case (child support, previous marriage) and they told me they could not count his income. How are they going to be able to differentiate our incomes just off the tax return alone (I haven’t even worked in years)? Also, my husband is not comfortable with my ex husband knowing his personal and financial info. How can I handle this?

Also……
I am on disability so my meager $600 a month income is nothing compared to my husbands $4000 a month income. Being that they can't count his income in all this but they will see it, it has to effect the outcome somehow, right? And how?

[ScottGem]

Was this explained to the court when the order was issued? If not, then petition the court to change the order.

It might be better if your husband submits the petition on the grounds he is not a party to court action.

[GV70]

How are they going to be able to differentiate our incomes just off the tax return alone (I haven't even worked in years)?

Firstly-tax returns are required in support cases.Another forms don't show all possible income; costs expenses, deductions, taxes, etc.
Secondly-I think once the court gets your tax return, they'd need every single piece of documentation used to create it.

Also, my husband is not comfortable with my ex husband knowing his personal and financial info. How can I handle this?

Your husband lost a lot of his privacy when involved in court proceedings or married to you with those obligations.

If not, then petition the court to change the order.

No way in child support cases

It might be better if your husband submits the petition on the grounds he is not a party to court action.

No need... his income will not be calculated.

[GV70]

I Being that they can't count his income in all this but they will see it, it has to effect the outcome somehow, right? and how?

No,his income does not matter but it is the price that you must pay for your choice to file joint taxes

[jessesgrllll]

Wow, I suppose next thing you'll say is "I should divorce my husband"? That's family court for you! Destroying one family at a time!! Thanks for your help :)

[GV70]

Wow, I suppose next thing you'll say is "I should divorce my husband"? Thats family court for ya! Destroying one family at a time!!! Thanks for your help :)

That's the law.
Please DO NOT suppose what I will say.

[jessesgrllll]

Im sorry if I came off in a bad way. You see I was maliciously slandered by my ex to obtain custody of my only children. Since then, in his custody they have been drugged, molested and there brains pretty much scrambled (to say the least). Excuse me if I sound a little pissed off. Sorry!

[this8384]

Im sorry if I came off in a bad way. You see I was maliciously slandered by my ex to obtain custody of my only children. Since then, in his custody they have been drugged, molested and there brains pretty much scrambled (to say the least). Excuse me if I sound a little pissed off. Sorry!

Drugged and molested? Was Child Protective Services contacted?

I get the strong feeling that there is waaaaay more to this story than you're sharing. My husband's ex also slandered both him and I in an attempt to regain custody of their children - it didn't work. What matters in court is what can be proven.

[AK lawyer]

Firstly-tax returns are required in support cases. ...

In other words, "That's the way it is because that's the way it is." You are using circular reasoning.

One suggestion: submit the tax returns with your husband's figures, and the totals, blacked out.

For example, line 7 of form 1040 asks for "7 Wages, salaries, tips, etc. Attach Form(s) W-2". Black out the figure and, in an explanatory note, explain that your W-2s are so much, and that your husband objects to disclosure of the total. Same for lines 8-21. Line 22 says "Add the amounts in the far right column for lines 7 through 21. This is your total income". Black this out because your figures (supplied by you) for lines 7-21 are what they need, not the totals. Same for the rest of the returns.

[GV70]

In other words, "That's the way it is because that's the way it is." You are using circular reasoning.

One suggestion: submit the tax returns with your husband's figures, and the totals, blacked out.

For example, line 7 of form 1040 asks for "7 Wages, salaries, tips, etc. Attach Form(s) W-2". Black out the figure and, in an explanatory note, explain that your W-2s are so much, and that your husband objects to disclosure of the total. Same for lines 8-21. Line 22 says "Add the amounts in the far right column for lines 7 through 21. This is your total income". Black this out because your figures (supplied by you) for lines 7-21 are what they need, not the totals. Same for the rest of the returns.

Do not follow that advice. If you file joint taxes, you must disclose all but your husband's income will not be considered.

[JudyKayTee]

Im sorry if I came off in a bad way. You see I was maliciously slandered by my ex to obtain custody of my only children. Since then, in his custody they have been drugged, molested and there brains pretty much scrambled (to say the least). Excuse me if I sound a little pissed off. Sorry!

A LITTLE pissed off? You are way out of line.

I see no reason for your "ex" to slander you - you did a pretty good job of making yourself look bad on this Board all by yourself.

[JudyKayTee]

In other words, "That's the way it is because that's the way it is." You are using circular reasoning.

One suggestion: submit the tax returns with your husband's figures, and the totals, blacked out.

For example, line 7 of form 1040 asks for "7 Wages, salaries, tips, etc. Attach Form(s) W-2". Black out the figure and, in an explanatory note, explain that your W-2s are so much, and that your husband objects to disclosure of the total. Same for lines 8-21. Line 22 says "Add the amounts in the far right column for lines 7 through 21. This is your total income". Black this out because your figures (supplied by you) for lines 7-21 are what they need, not the totals. Same for the rest of the returns.

You CANNOT do this in NY in a child support matter. If you filed jointly you provide the entire return, nothing "blacked out" to the Court. The Court will decide what should be considered.

If anyone follows your logic the wife claims only her income BUT takes all the deductions and exemptions - ?

Absolutely incorrect in NY. If wife wants only her income and expenses to be considered then she needs to file an individual return and NOT take advantage of her married/same return status.

Again - I am addressing NY but I would like to know which States allow a joint return to be filed as proof of anything with only one income blocked out and the deductions and exemptions still showing.

[AK lawyer]

I suspect whether the OP could get away with the approach I suggested depends upon the purpose for which the disclosure of the tax returns was ordered. If it's simply a pro-forma disclosure form, the support amounts have already been calculated, and the other party really doesn't care, she may get away with it. Alternatively, she may have to move for leave to do it that way. And the husband may have to intervene and assert his privacy concerns. But it's one possible approach if his "not feeling comfortable with" his wife's ex husband seeing that information.

Another way to approach it would be that the returns be sealed. But I suspect that the judge doesn't want to see the information; the ex does.

So extensive motion practice may very well be necessary.

[GV70]

If anyone follows your logic the wife claims only her income BUT takes all the deductions and exemptions - ?

Absolutely incorrect in NY.

Absolutely incorrect in the USA.;)

[jessesgrllll]

Drugged and molested? Was Child Protective Services contacted?

I get the strong feeling that there is waaaaay more to this story than you're sharing. My husband's ex also slandered both him and I in an attempt to regain custody of their children - it didn't work. What matters in court is what can be proven.

In all due respect to you and your situation I would like to respond. Yes, CPS was involved. In fact my children spent months in foster care (which by the way the court ordered me to pay child support for).

You would think that what matters in court is what can be proven. I had CPS records from him being investigated during our marriage, police records from him attacking me and letters from mine and the children's counselors. But I guess that was no match against my ex, my mother (who by the way left my father for my ex about a month after our own divorce was final) and their lawyer. Im just as confused as you are! But again, sorry if I offended anyone. I suppose I should have explained my situation better.

[this8384]

In all due respect to you and your situation I would like to respond. Yes, CPS was involved. In fact my children spent months in foster care (which btw the court ordered me to pay child support for).

You would think that what matters in court is what can be proven. I had CPS records from him being investigated during our marraige, police records from him attacking me and letters from mine and the childrens counselors. But I guess that was no match against my ex, my mother (who btw left my father for my ex about a month after our own divorce was final) and their lawyer. Im just as confused as you are! But again, sorry if I offended anyone. I suppose I should of explained my situation better.

From what you've posted, I still see no evidence which proves your allegations were substantiated. A letter from a counselor is not a drug test showing the children testing positive. I'm not saying you were lying, just pointing out the difference.

I seriously hope you had adequate representation and weren't attempting this pro se. If not, I would strongly advise that you contact a local attorney.

And please disregard what AK Lawyer has posted. Following the advice to conceal your information is going to make things worse for you. You may need to merely provide a copy of your previous year's W-2 rather than your entire refund paperwork.

[jessesgrllll]

From what you've posted, I still see no evidence which proves your allegations were substantiated. A letter from a counselor is not a drug test showing the children testing positive. I'm not saying you were lying, just pointing out the difference.

I seriously hope you had adequate representation and weren't attempting this pro se. If not, I would strongly advise that you contact a local attorney.

And please disregard what AK Lawyer has posted. Following the advice to conceal your information is going to make things worse for you. You may need to merely provide a copy of your previous year's W-2 rather than your entire refund paperwork.

I think CPS did test them while they were in there custody. I have more than adequate proof (which has been submitted to the courts), that's what just blows me away. But yhea, Im dealing with that separately. I was really just asking a support question but I kind of guess it made me look like a jerk but that's so not the case. Anyway, no I didn't listen to that AK person. I gave them everything they wanted (again) and I just can hope for the best. Thanks for the advice from the people who helped. Im done here :)

[ScottGem]

If the kids tested positive for drugs there is no way a court would return them to the custodial parent.