Request of Excessive Tax Returns back 10 years

[gmcode]

Hi,

I am waiting for a case conference, the opposing lawyer now requests historical tax info back 10 years stating it is for a possible settlement and calculation of retroactive child support. I have already provided 3 years income info, don't agree with back support at all because of parenting alienation and ex never contacted me for Child support before and ignored me when I reached out. The opposing lawyer threats a motion might be made if I didn't not provide tax returns back 10 years. Do I have to provide it? Will the court order to provide it or anything against me if they have a motion?

Thank you very much!

[rockscan]

Hi,

I am waiting for a case conference, the opposing lawyer now requests historical tax info back 10 years stating it is for a possible settlement and calculation of retroactive child support.

Did they request support over the last ten years? For instance you split in 2012 and you failed to provide updated income info over those years? If you failed to provide the disclosure then yes you need to provide it.

I have already provided 3 years income info, don't agree with back support at all because of parenting alienation

Parental alienation means nothing when it comes to support. You owe it, you pay it whether you see your kids or not.

and ex never contacted me for Child support before and ignored me when I reached out.

Hopefully you have copies of this reach out and outline you agreed to update.

As stated above, if you split and weren’t paying cs and knew you owed it, you could be on the hook for it. Regardless of how the ex behaved, your behaviour is also important.

The opposing lawyer threats a motion might be made if I didn't not provide tax returns back 10 years. Do I have to provide it? Will the court order to provide it or anything against me if they have a motion?

They can file a motion for support. If you haven’t been paying it you will have to pay retroactive support. How much depends on whether a judge feels you have been acting in bad faith or if your ex refused to do anything.

Depending on what happened, you could make an offer to settle with a fixed amount and go from there.

[rockscan]

I went back and reviewed your previous threads. You were the poster with the lump sum child support. Did you go back and calculate what was supposed to be paid versus your lump sum amount?

[gmcode]

Thanks Rockscan, I did not owe much if back to the year I suppose to continue paying after lump sum paid by the separation agreement. and I've been paying monthly CS since they filed the case. But they are requesting going all the way back to the separation signed, which is more than 10years ago and most of the past time has been covered by the lump sum. They claim the CS should be based on my income by that time.

[rockscan]

So go back and look at your income all those years and see what you should have paid and how much you owe.

A judge may disregard the lump sum and say it should never have happened that way or they could say to your ex that they accepted it so suck it up. But it’s better to have the details handy and make the offer. That way you look reasonable to the court.

[gmcode]

thanks Rockscan, yes I will prepare the past income info in case needed. My question is though if I have to satisfy the opposing to provide all info they requested whether it is reasonable or not? Both parties have submit the files/forms for a case conference.

[rockscan]

thanks Rockscan, yes I will prepare the past income info in case needed. My question is though if I have to satisfy the opposing to provide all info they requested whether it is reasonable or not? Both parties have submit the files/forms for a case conference.

Technically you only have to keep seven years back for audit purposes and your ex accepted the previous lump sum. You could provide them without prejudice and outline that based on your calculations you owe xyz in underpayment. If you don’t want to provide them know a judge could order you to do so.

I guess the bigger question is, what’s the harm in handing them over?

[gmcode]

Don't see harm on my end as there is no hidden income. but my lawyer said excessive info may amount to a fishing expedition. Any harm if the judge order it? Thanks.

[rockscan]

Request of Excessive Tax Returns back 10 years

It is a fishing expedition but if you don’t object, just give them to them. As long as you acknowledge the underpayment it takes the wind out of their sails. Plus they can’t claim you are being difficult.

You could also just give them the front page of your notice of assessment showing the line 150 item and your lawyer can note you are providing them without prejudice and to foreclose the discussion on your income after the previous agreement was signed.

[StillPaying]

I don't believe "without prejudice" would help with disclosure. It would be used against you, if necessary.

[rockscan]

I don't believe "without prejudice" would help with disclosure. It would be used against you, if necessary.

Not if he is admitting he underpaid and offers to pay that amount.

I have seen it used as old disclosure that is outside of what is needed and the statement being without prejudice and to close any further discussion.

If the ex is demanding all this information to be a jerk (as I think she is since she initially demanded a large lump sum “or else”) then by providing it and outlining a calculation for consideration, noting without prejudice may end any further questioning.

[StillPaying]

Settlement talks and offers are without prejudice, although not necessarily the whole thing, but disclosure wouldn't be used in fight club. Disclosure will be used against you.

Separately from that, whether money is owed is up for debate.

[gmcode]

Settlement talks and offers are without prejudice, although not necessarily the whole thing, but disclosure wouldn't be used in fight club. Disclosure will be used against you.

Separately from that, whether money is owed is up for debate.

Thanks both, that is what I am concerned, "whether money(retroactive) is owed is up for debate", why I have to provide excessive info that could be used against me?

[rockscan]

Technically neither one of you had the right to negotiate a lump sum for support. CS is the right of the child and neither one of you should have agreed to set it up with a lump sum. You may get your knuckles rapped for that.

However, it happened and now you are back. A lot of your evidence includes the bs and threats your ex has made and your response that this behaviour is wrong so you have that going for you.

If there is no issue with providing the information and if you are showing the calculations of what should have been paid and if you are agreeing to pay the additional amount, I don’t see a problem with providing them on the condition it forecloses any further arguments. But your lawyer is the best person to advise you on that and it sounds like they said not a good idea.

The fact that your ex has claimed she wants more if you don’t agree to her demand for a lump sum AND she absconded with your child speaks volumes. I am very interested to hear what the judge at your conference says.

[blinkandimgone]

Two part answer here:

1 - Lump sum child support is covered under Section 11 of federal child support guidelines which indicates

"Form of payments

11 The court may require in a child support order that the amount payable under the order be paid in periodic payments, in a lump sum or in a lump sum and periodic payments."

Conditions that are considered for this include:
- The children are only a few years away from being self supporting
- The payor has failed to meet past child support obligations
- The payor is unlikely to satisfy future child support obligations
- The payor has a history of poor money management
- The payor lives outside of a jurisdiction where maintenance enforcement can access their bank accounts


2 - Retroactive child support

The case you'll want to look at is Colucci v Colucci

https://www.cwilson.com/colucci-v-co...rt-variations/

Take note of the three-year rule and presumptive date.

The date of formal notice is the date you can go back in time to adjust child support retroactively – formal notice being the date someone filed something in court asking for support to be adjusted. The court says you can also go back to the date of effective notice when the topic was brought up between the parties about adjusting support .