A Tax Return Contains Relevant Information to an Ex-Spouse
Most people think that all matters end in a divorce once the final decree is issued. However, many Oklahoma divorces contain support provisions for either an ex-spouse or for the children of the marriage.
These continuing support obligations are based in large part on the income levels of both parties to the divorce. Sometimes income levels can go up quite a bit, making it necessary to change support. These income levels are often reflected in your ex’s income tax returns. You can get your ex-wife’s income tax returns yearly, which can make a big difference to the support payments you have to make.
How Your Ex-Wife’s Tax Returns Can Change Things Like Support
Both alimony and child support are determined in some part by looking at the income levels of both parties involved. With alimony, a court is less inclined to continue alimony in the face of a large increase in your ex-spouse’s income levels.
An ex-spouse may not want to share that information, but the law provides you with an option to get that information every year. Getting that information can be crucial to a reduction or even an elimination of alimony payments. You should request this from your ex every year.
Courts look at the income of both parents when determining child support payments. When income increases are small, they may not support a modification to transport. However, if your ex-spouse has had a significant adjustment in her income, a court may re-evaluate the issue of support. Substantial income changes can lead to a modification of support.
Getting Your Ex-Wife’s Tax Returns Is Easier Than You May Think
The Oklahoma legislature has anticipated the need for a person to be able to monitor the income levels of an ex-spouse. You may request income information from an ex-spouse on or after April 15th of every year. Additionally, you may obtain the party’s previous year’s W2 forms, 1099 forms, tax returns, or any other wage or tax information that can be used to determine income.
You must serve your ex with the request in the same manner that you would use for serving a summons in a civil action. The request must be either personally served, served by substitute service, or served by Certified Mail (Okla. Stat. tit. 43 § 118.3).
It is important that anyone making this formal request upon an ex-spouse also file a copy of the request with the court. Make sure you also include proof that you served the person properly with the request. This can help a later motion for modification.
You could file a motion to modify child support at a later point in time. If your spouse fails to comply with the request, the court may grant you reimbursement for attorney’s fees and any costs incurred while preparing the modification request and appearing before the court .
Your ex-spouse may be reluctant to turn over her tax information. However, she will probably be more likely to do so when she considers the risk of paying attorneys fees and costs on a successful motion to modify. That may be enough incentive for your ex to comply with the request.
Modifications Are Possible If You Ask
The court can grant a modification of an existing support order if there are substantial changes to income levels. You can make a formal request before the court. Then you will have to draft and file a motion with the court. You can either attach supporting documents to the motion or present them at the hearing on the motion.
It’s usually best if an experienced attorney handles the drafting and appearance before the court. If you have questions about how to proceed or are entertaining the idea of a modification to an existing support order, bring your questions and concerns to an experienced Tulsa divorce attorney as soon as possible. Your attorney can help you navigate the ins and outs of a modification. This can make things easier for you as you move on with your life.
Free Consultation with a Fathers’ Rights Divorce Attorney
Whether you are a married man with no children, an unmarried father, or a father and a husband, when your family matters are headed for court, you need a Tulsa family lawyer committed to protecting your legal interests. Contact Tulsa Fathers’ Rights for a confidential free consultation. Call (918) 986-7724 or send an inquiry using the contact links on this page.