Our divorce decree states that we're supposed to exchange tax returns every year. In the few years since we have been divorced we have never exchanged the paperwork, and now all of a sudden she's demanding that we begin doing it. If the two of us have both not been following the court order can she just all of a sudden demand we start doing it now?
This is a statutory requirement, that any time a child support or family support order is made in the state of Wisconsin, there must be an annual exchange of income information; this includes both of you. Review your divorce decree carefully to see what is actually required of you; perhaps, it is only W2s and not your complete returns; if your complete federal and state income tax returns are to be exchanged, you are both obligated to do so; the fact that your ex hasn't requested them since the divorce, isn't a defense now to your having to comply with the law; the court could find you (or both of you), in contempt, for failing to meet the statutory requirement, and the failure to do so, if the incomes are substantially increased, could possibly result in a retroactive increase in support, tell your ex spouse you will promptly furnish your required income verification as required, providing she also immediately complies with what is required of her as well; the answer to your question is you must comply and provide the information.
The earlier post is correct-the order is still in effect so you should comply. She also has to comply, so if she balks you, by complying with her request and the order, stand on firm ground if this should return to court.
Unless and until you and I agree in writing, I am not your attorney. This response is for general information purposes only.
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