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income taxe forms and child support

A couple is divorced; they have joint custody of the children; the mother has physical custody and "every other weekend" father pays child support as stipulated in the divorce decree. Both have about the same income now as when the child support agreement was made. However, the mother insists that she has the right to see the father's 2006 1040 so that adjustments in child support can be made. Is there any truth to this? The state is OK if that matters.

-- John D. Goulden

Moderator: This is more of a legal question.

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Reply to
John D. Goulden
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Maybe. She has no right to see his 1040 under Federal law, but what the state court will compel from him is up to the state court.

-- Phil Marti Clarksburg, MD

Reply to
Phil Marti

It would also depend on what is in the divorce decree. There might be a clause that allows a periodic adjustment of child support based on 1040 income level. No one can answer this legal question without reading that document.

--

-Ernie-

Reply to
Ernie Klein

Child support orders can normally be reviewed every three years or sooner if there is a "change of circumstances." Normally, both parties' tax returns are presented as part of the review.

Reply to
Gini

"John D. Goulden" wrote

If so, she gets the copy from the ex, not from you, unless your client approves you sending her a copy of his return.

-- Paul A. Thomas, CPA Athens, Georgia

Reply to
Paul Thomas, CPA

I answered this on misc.legal.moderated.

Yes she can ask to see the complete 1040. In OK there is no three year waiting period. That would be Missouri, other posters. Child support can be changed because of "changed circumstances" such as the Ex found out you sold stocks or got a management bonus without telling her and paying support on such money. Or she got a raise, whatever. Not a lawyer or accountant - just have friends either paying or receiving child support. Bird Brain

Reply to
avminis.bird

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