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Asked 9/17/2009

Subpoena for past tax returns re: child support

My ex and I are going back to court about amount of child support paid. I pay the child support and he has now subpoened me for all personnel records from my job AND all state and Federal Tax Returns from 2004, 2005, 2006, 2007, and 2008. What do my tax returns from those previous years have to do with child support today?

 
 
 
 
 
Answers

Answer 1/11 - Submitted 9/17/2009

A parent who is receiving child support can have their child support evaluated every three years. He probably thinks that you are making more than what child support was based on. By asking for a few years in tax returns, he is attempting to prove that you are making more money so that he can get his child support raised. If your circumstances have not changed then your payments probably wont change either. But if he can prove that you were making more then he can ask the judge to up his payments to allow for your higher income.

 
 

Answer 2/11 - Submitted 9/17/2009

We are both making more, however, according to the tables for calculating child support, I have been paying WAY too much anyway - I have been paying 1204 per month PLUS 300 per month for insurance for 2 children. I am going for the amendment to reduce because there is not longer child care costs. The tables show I should be paying btwn 700 and 800 (based on a guestimate of his income either less than my income or more)....I just don't understand what my tax returns from those previous years have to do with what I am making now - its not like I am willfully underemployed or willfully unemployed.

 
 

Answer 3/11 - Submitted 9/17/2009

If you can't dazzle em with facts, baffle them with BS. The ex has asked for an order of modification to increase child support. Since support is based on income, tax returns show increases in on an annual basis, in general terms. If you can't produce the facts, the BS kicks in and he can claim the reason you don't have the documents os that you are making a lot more than originally thought. The IRS dictates that you keep tax records for at least seven years but there's also a catch in your favor. If you lost or misplaced the records or they were stolen or destroyed (hint-hint) IRS has the originals and copies of what you need and probably available by computer. A trip to the local IRS office might be in order to get them. Bring the subpoena, tell them they were destroyed along with other papers and valuables (more BS) and they'll expedite the request. If they can't get them fast enough, you can show the judge the IRS input receipt, you're making every effort to comply and that you need a continuance.

 
 

Answer 4/11 - Submitted 9/17/2009

I have no problem producing whatever tax returns i can get my hands on....however, my main question still remains: What does my income back in 2004 and 2005, etc have to do with it? I am not trying to hide what I make now - yes, it is more than I was making back in 2005, but isn't child support calculated on what you make NOW, as long as you aren't willfully under or un-employed?

 
 

Answer 5/11 - Submitted 9/17/2009

They're (your ex and his lawyer) making you jump through hoops. The laws in your state nust allow them to examine the last five years of tax returns to bolster their case. There is little for them to gain unless you've under reported your income to the court. It borders on harassment but its legal. They're trying to get you frustrated and from your posts you seem you to have had your button pushed once too often. Relax, if you have nothing to hide, they're not going find anything, you're just going to have to play his game for now.

 
 

Answer 6/11 - Submitted 9/17/2009

Oh yeah - he pushes my buttons every chance he gets (this is the "wonderful guy" who when he found out I had Breast Cancer said "Well, this is God's payback for your past sins")....anyway, I consulted with a local atty and I am leaving work now to go file the exact same paperwork at the courts to him, his current employer and his previous employer.......Now I gotta come up with the $750 to get my attorney to be in court with me that day....not sure I really need it, but I certainly don't want to get stomped on again by his attorney and not have someone there to speak for me.

 
 

Answer 7/11 - Submitted 9/17/2009

Thank you so much for all your help btw!

 
 

Answer 8/11 - Submitted 9/17/2009

You are welcome. Good luck and if he loses ask the judge to make him pay for your attorney and time off. He deserves the bill

 
 

Answer 9/11 - Submitted 9/17/2009

What are my chances if I show up without a lawyer? Mine wants $750 just to go to court with me and I can't afford that. Advice?

 
 

Answer 10/11 - Submitted 1/29/2011

Why is it that when a woman complains about the amount of and the tactics employed to get child support they are met with understanding? If a man complains about paying too much child support or complains about an ex-wife taking him to court, he's villified.

I think its great to see women experiencing the same unfair and corrupt tacticts that men have to deal with each day from the child support system. It seems that more and more women are having to face the financially crippling effects of child support either directly or indirectly. Indirectly by marrying a man who is plagued with child support woes.

To the woman that has been pulled into court for pass income in efforts for the ex to get more money from you....remember "children first" Stop being a coward and pay what you owe in child support. You should no more escape or be understood than the next guy who is on the edge of outright failure due to child support. How does it feel? Remember, it was you man-hater fembots that started all the male-irresponsibility clatter.... now have a taste of your own feces.

 
 

Answer 11/11 - Submitted 1/31/2011

If he's also making more money than he was when this all started odds are your payments would be lowered so let him make his bed and then he can be angry when you end up paying less. hope everythings better for you.

 
 
 
 
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