She prepared the tax returns for me and now separated spouse who I believe had her parents claim our kids w/o my knowledge.? If the person who does my separated spouses taxes now refuses to give me copies of our joint filed electronic copies of the filings and attached forms would it be easier and faster for me to request a motion to compel the production of the documents or have a deposition subpoena served on her? She was given written notice by me I want the documents in January and still has not complied.
Divorce / Separation Lawyer
Family Law Attorney
You want to do a subpoena duces tecum, not a deposition subpoena. The duces tecum is for a production of documents, whereas the deposition subpoena is for the production or showing of documents.
You can obtain a return transcript for the tax year in question. This transcript will show you what was reported on your return. You can also request a photocopy of the return itself, but this requires you to fill out a Form 4506, although it can take a few weeks for this form to be processed and for the return to be sent to you. Ordering the return transcript online or having it mailed to you is much quicker.