Documents/contempt of court

[deecopperpot]

What is the name of your state? Florida

My fiance's ex wife's attorney is on a witch hunt. The ex wife wants more alimony after two years so the lawyer asked my fiance to send him about 15 documents (bank statments, credit card statements, tax returns, w-2's, passport, list of his clients etc). He was able to come up with about 12 of them but not a 2005 tax return( but had his w-2's from that year), not a list of his clients as it is confidential to his clients and not his passport as it is none of their business. His ex-wife came up with 4 out of the 5 he asked for. Is this contempt of court? He was given a week's notice to go to court. He feels the lawyer is trying to get him to pay all the attorney fees. He cannot afford an attorney himself.

Also when you sign an agreement for alimony and it is set for life...how can she want more? He is making less than what he was making before and he does not go and ask to pay less as that was the agreement.

 

[LdiJ]

What is the name of your state? Florida

My fiance's ex wife's attorney is on a witch hunt. The ex wife wants more alimony after two years so the lawyer asked my fiance to send him about 15 documents (bank statments, credit card statements, tax returns, w-2's, passport, list of his clients etc). He was able to come up with about 12 of them but not a 2005 tax return( but had his w-2's from that year), not a list of his clients as it is confidential to his clients and not his passport as it is none of their business. His ex-wife came up with 4 out of the 5 he asked for. Is this contempt of court? He was given a week's notice to go to court. He feels the lawyer is trying to get him to pay all the attorney fees. He cannot afford an attorney himself.

Also when you sign an agreement for alimony and it is set for life...how can she want more? He is making less than what he was making before and he does not go and ask to pay less as that was the agreement.

What he has gathered is fine. I sincerely doubt that the judge will ask him to produce any of the rest.

 

[nextwife]

Is the alimony modifiable per the divorce decree?

 

[deecopperpot]

Documents/Contempt

The decree just states $1500 per month until she remarries or dies....either would be fine. Nothing is said about modifiable. I think it might be in FL if something catatrophic happens which we cannot think of anything as she lives in a half million dollar house. If she cannot pay for it I would think she would have to sell it. She bought it after the divorce. And he has an ins policy he pays on himself withher as a beneficiary in case he dies.

 

[Gracie3787]

The decree just states $1500 per month until she remarries or dies....either would be fine. Nothing is said about modifiable. I think it might be in FL if something catatrophic happens which we cannot think of anything as she lives in a half million dollar house. If she cannot pay for it I would think she would have to sell it. She bought it after the divorce. And he has an ins policy he pays on himself withher as a beneficiary in case he dies.

Oh yeah, I remember the case now. Don't worry, your fiance is not in contempt and obviously had produced what he can reasonably produce.

Please keep us updated, I'm very interested in learning how this turns out, but I truly believe the ex won't win.

 

[Bali Hai]

The decree just states $1500 per month until she remarries or dies....either would be fine. Nothing is said about modifiable. I think it might be in FL if something catatrophic happens which we cannot think of anything as she lives in a half million dollar house. If she cannot pay for it I would think she would have to sell it. She bought it after the divorce. And he has an ins policy he pays on himself withher as a beneficiary in case he dies.

You better hope she kicks the bucket....that would be involuntary to giving up your paycheck...

Do you honestly thing she would get married and voluntarily give up $1500 bucks a month??

Get another dream!

 

[deecopperpot]

Documents

Thanks Gracie for your support....yes will let you know...he goes tomorrow...for the document contempt.....representing himself with a lawyer friend advising.

...and yes I know that she would only remarry if she could get MORE money from a new guy. She will continue to marry up the money ladder if she will get more...she is sniffing out #5 right now I would guess. We are fine with this as we are happy...just want to be left alone.

 

[nextwife]

Hmmm.

I wonder if he should have his attorney start by challenging the request. His income is irrelevant if she has no right to ask for an increase. It's not like she's suddenly disabled, or terminally ill, and her ability to work has changed drastically.

 

[deecopperpot]

Documents

Fiance showed up and her lawyer had called in sick....have to reschedule the judge said. His ex wife showed up too and said her lawyer had called her. Like why would she come...just to see him the ex-husband showed up right? Sounds like a set up.

My fiance is representing himself. Will tell him what NextWife said. Thanks

 

[deecopperpot]

Documents-legal question

Can an opposing lawyer contact the IRS and request a prior year tax return without your permission?

 

[TinkerBelleLuvr]

No, but they can suppeona (sp?) for one.

 

[deecopperpot]

Documents

Received a letter form the IRS stating someone requested a prior year tax return....the one we could not locate . We think it is the ex wife's attorney. The IRS then cannot send it to the lawyer without a subpoena then. It is from 3 years ago after the divorce and none of their business.He did supply the W2 for that year though. My fiance had bought and sold a house in a two month period and is there anyway she can get part of that money if it was AFTER the divorce?
Thanks

 

[tuffbrk]

Well what does the IRS letter say? Is it advising you that a request was made and granted/denied? Are they asking for permission to forward the information? Feel free to call whatever telephone number was supplied and advise that the information is NOT to be shared, etc.

The only other thought- is if you applied for a large amount of credit, and there's any self employment in the equation, the creditor may be attempting to verify income thru a Form 4506 that they send in....only you know the answer to that though!

Other than that, your financials are private, priviledged information that cannot be given to anyone who asks. You or the courts must authorize the release of the information...Have a happy!

 

[deecopperpot]

Documents-Last question???

Thanks everyone...he goes again on Monday as the lawyer is not "sick" anymore. The IRS did send the tax return to us as they aske for SS# and address and willonly send to that address if it ison the return as well.

Question:

If my fiance made a profit on selling a rent to buy house and sold 2 months later and used the money to put a down payment on our present house...he put half and I put half...is that going to be figured into the income equation for more alimony if it was a one time income?

 

[nextwife]

Thanks everyone...he goes again on Monday as the lawyer is not "sick" anymore. The IRS did send the tax return to us as they aske for SS# and address and willonly send to that address if it ison the return as well.

Question:

If my fiance made a profit on selling a rent to buy house and sold 2 months later and used the money to put a down payment on our present house...he put half and I put half...is that going to be figured into the income equation for more alimony if it was a one time income?

Sorry, I REALLY think hubby should be challenging the whole idea of reopening the alimony. Which, might make the need to produce documents moot. Trust me, if HIS income had dropped, and he wanted to revisit alimony, HER attorney would challenge his motion.

I think he's nuts to just waltz into court and hand over his income/ account info and never challenge the motion at all.