Do I have to divulge my new spouse's income to my ex since we filed a joint federal income tax return?

Asked about 4 years ago - Phoenix, AZ

I have been ordered to give my last few income tax returns to my ex spouse because she is claiming that I owe her money and is suing for even more.

My new spouse and I file joint income tax returns, so her income is shown in addition to mine. She makes more money than I do, and I don't feel that it is the business of the other side. Do I have a legal right to conceal my current wife's tax return information?

Attorney answers (5)

  1. Ronee F Korbin Steiner

    Contributor Level 14

    Answered . Well, you are correct that your spouse's income does not affect child support calculations. However, there really is no way to "protect" this information because your taxes are subject to disclosure. This is the downside to filing jointly-it exposes the entire picture.

  2. Ronee F Korbin Steiner

    Contributor Level 14

    Answered . Well you are correct that your spouse's income does not affect child support calculations. However, there really is no way to "protect" this information because your taxes are subject to disclosure. This is the downside to filing jointly-it exposes the entire picture.

  3. Donald Lamar Cobb

    Contributor Level 14

    Answered . You have to comply with the court order. If this is discovery you must comply unless you can show that the information is irrelevant or there is no need for the information sought. This burden can not usually be satisfied. Seek local legal representation. Good luck.

  4. J. Richard Kulerski

    Contributor Level 20

    Answered . You must comply with a court order whether you think it is appropriate or not.

    Divorced people often lose some of their privacy rights when they are still under the court's jurisdiction. You might have avoided this problem if you filed individual income tax returns, but the filing of joint returns made your new spouse's income your ex-wife's business.

    Whether the court can use her income in determining how much you should pay is a question that must be answered by a local attorney.

  5. Ayuban Antonio Tomas

    Pro

    Contributor Level 20

    Answered . If you don't want your ex to know your current wife's income, you may want to consider filing "married filing separately" from now on. Otherwise, you need to comply with the court order.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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