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My spouse is asking for copies of my pay stub, w-2, tax return, investmt/retirement statements. Do I have to give them to her?

Marysville, OH |

She has her own attorney. I have not received any formal requests for this information.

Attorney Answers 4

Posted

As noted by the other attorney, it is unclear whether you are in litigation or not. For the purpose of this site, I will assume that a divorce is pending. If that is the case, then these items, and considerably more, are properly the subject of a "request for discovery". Often, this information is exchanged informally because the parties understand that it can be compelled by court order. However, the technical answer is that until you receive a formal request for discovery, you are under no duty to provide this information. If, after you receive the formal request, you fail to provide the requested material, you could face sanctions. Some information that is requested is properly refused based upon privilege or another rule of evidence. These issues can become quite complex. It is for this reason that you should have an attorney represent you. Only then will you know whether you must comply or not with the requests made - and you can return similar requests to her so that you have all the facts as well.

IMPORTANT LEGAL NOTICE: Mr. Piper's response set forth above is not legal advice and it does not create an attorney-client relationship. Mr. Piper's responses to all questions posted on AVVO are intended to provide general information based upon the his understanding of the facts stated in the question, and are for the general educational purposes of the public, not any specific individual. Also, a particular case may involve additional facts and circumstances which might invalidate some or all of the concepts provided in this answer and therefore you should not rely upon this answer in any individual situation. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question and would need to question the potential client in order to clarify the specific facts operable in that case. If you would like to obtain specific legal advice about this issue, it is recommended that you contact an attorney in your state. Mr. Piper is licensed to practice law in the State of Ohio, and may be contacted directly via email at: piperlawoffice@gmail.com.

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Posted

That all depends on why she's asking for them. Are you two separating or divorcing? Do you have your own attorney? Unfortunately, without knowing more about your situation - please don't post any private or confidential information, however - I don't think any of us here can give you any sort of an answer to your question.

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2 comments

Asker

Posted

Yes, I have an attorney. We are in the process of dissolution/divorce. She said her attorney wanted it to calculate spousal support and child support.

Dana Whitney Atchley

Dana Whitney Atchley

Posted

Then you need to talk to your attorney about it. Aside from the fact that your attorney knows a lot more of the facts than any of us do, and already knows the posture of your case, it would be inadvisable for anyone here to give much advice or substantive commentary to you because that would risk interfering with your attorney's work and might rise to the level of unethical conduct. I realize that this isn't really what you wanted or expected to hear, but the best answer anyone can give you is to talk to the attorney you've already hired - make him or her do something for the money you're paying him or her.

Posted

It sounds like you need to hire your own counsel. This Avvo forum is only good for general questions. This is not a general question.

So good luck!

You may contact Attorney Jeff Collins directly at jcollins@uslawattys.com, or 866-340-5055, for more specific answers. This forum is merely for open, public discussion. Discussions in this open, online forum are not intended to create an attorney-client relationship. IRS CIRCULAR 230 DISCLOSURE NOTICE: IRS Circular 230 regulates written communications about federal tax matters between tax advisors and their clients. To the extent the preceding correspondence and/or any attachment is a written tax advice communication, it is not a full “covered opinion”. Accordingly, this advice is not intended and cannot be used for the purpose of avoiding penalties that may be imposed by the IRS regarding the transaction or matters discussed herein. Each taxpayer should seek advice from an independent tax advisor with respect to any Federal tax issues, transactions or matters addressed, discussed or referenced herein based upon his, her or its particular circumstances.

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Posted

If you are involved in a suit against your spouse, you do not have to turn those receipts over until you receive a formal discovery request. However, I add that, if she is seeking her attorney's fees AND the judge orders it, you could end up paying for that formal discovery request.

If you have an attorney, ask if he or she will try to talk to the other attorney and handle discovery informally.

I hope you do have an attorney.

Good luck.

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