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Is there a way for the IRS turn over tax returns from an ex spouse, if the ex spouse refuses to provide them?

Dallas, TX |

My ex husband has legally been required to provide his tax returns for the last 12 years and has never done so. This was legally stated in our Stipulation of Settlement, filed in 2001 ( if he earned over a certain amount of money, I was entitled to 8.5%) My ex knows the financial burdens he has put on me all these years that forced me into personal bankruptcy. Our child support agreement ends on 9/24/12 when my daughter turns 22. Is there a way to demand copies of his tax returns without having to incur additional legal expenses? NYC has jurisdiction over our child support case, ( as enforced by the judge in 2005), even though my ex lives in MA and the child I live in TX.

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Attorney answers 3


I can answer the IRS portion. The IRS will not turn over your ex's tax information to you. The state court will have to compel your ex to produce them. The IRS cannot share your tax information with others by law. When the state compels it, they are making the person get their own information from the IRS and produce it for the court.

Christopher Larson
Insight Law


I agree with my colleague.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


I agree with these attorneys, and want to add that your viable alternative is to register the foreign decree in the Texas court, and file a Motion to Enforce here, which would give you authority to subpoena the records, and askf or contempt if he does not comply.

The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state

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