Ex-Wife Violating Tax Filing Clause Of Our Divorce Decree

divorce lawyer Kirsten ReneauQuestion:

My ex-wife has not filed a tax return in several years so she is also not reporting child support as income.

We are supposed to exchange tax forms, but I have a difficult time handing my filings over to her when she is not following the same terms of the divorce decree.

What should I do?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Wisconsin divorce laws where I am licensed to practice.

If your ex-wife has violated one of the provisions of your judgment, e.g., exchanging tax returns, you would be able to file what is known in my state as an Order to Show Cause for Contempt.

She must be personally served with a contempt action. You would then have to prove how she is in contempt of court and has violated that provision of the judgment.

Your claim could also be bolstered by the fact that her failure to file taxes and claim the support as income has injured you because you are, in turn, unable to deduct those payments.

Please be aware, however, that even if she does not follow the terms of the judgment, you must still follow the orders of the court or you could be found in contempt as well.

Related Articles:

Tax Tips for Divorced Dads

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Madison Divorce Attorney Kirsten K. Reneau, please contact Cordell & Cordell.

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