Skip to main content

How can either tax recorders or social security earnings records be obtained of ex husband?

Sun City, CA |

The Union Trust Fund of my ex's is holding 27k that is owed to me because of a QDRO for child support. Trust fund wants proof he hasn't worked "in their industry" Since he retired. He won't co-operate. They are requiring me by means of government records to prove my case, which I cannot seem to obtain after consulting with 4 attorneys. Anyone have a solution?

Attorney Answers 3

  1. This is really more of a family law issue than a tax issue. I would think you might want to pursue the failure to meet the child support issue. I would think that a government agency with responsibility for enforcing support orders could assist you. You could also go back to the family law court that issued the support order to order him to cooperate and turn over the necessary documents. His tax records and social security information are private and you wont get at them without a court order.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or given me confidential information by posting on this public forum, and my answer on this public forum does not constitute attorney-client advice. IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein. While I am licensed to practice in New York and California, I do not actively practice in New York. Regardless, nothing said should be deemed an opinion of law of any state. All readers need to do their own research or pay an attorney for a legal opinion if one is necessary or desired.

  2. Return to the court that entered the child support/QDRO order and move the court for an order requiring him to cooperate and prove the required information on pain of contempt punishment. The assistance of an experienced family law practitioner will almost certainly be needed.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  3. This is not a tax question, but is a family law matter. Go back to your family law attorney and have them go before the family law judge to obtain an order requiring him to cooperate.

    H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics