Judge won't return tax returns

[Vanessa54]

What is the name of your state (only U.S. law)? Virginia
My husband was in a bad marriage for 18 months, took 3 years to finally get a divorce. He was ordered to pay alimony for 3 years because she claimed he was the sole provider in the marriage. He gave his tax returns for the time they were married to the judge to show that not only was he NOT the sole provider, but at some time she earned more than him while she collected SSDI. The taxes were filled out correctly and his lawyer said someone must have been sleeping when the taxes were filed to have not noticed this. The divorce has been over for almost a year and he has been asking for the tax returns to be returned to him as the judge promised. NOW the judge is saying he won't return them unless my husband reopens the entire divorce case. My question is WHY would a judge do this?? He knows he can get copies of the returns and W2s from IRS.What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia
My husband was in a bad marriage for 18 months, took 3 years to finally get a divorce. He was ordered to pay alimony for 3 years because she claimed he was the sole provider in the marriage. He gave his tax returns for the time they were married to the judge to show that not only was he NOT the sole provider, but at some time she earned more than him while she collected SSDI. The taxes were filled out correctly and his lawyer said someone must have been sleeping when the taxes were filed to have not noticed this. The divorce has been over for almost a year and he has been asking for the tax returns to be returned to him as the judge promised. NOW the judge is saying he won't return them unless my husband reopens the entire divorce case. My question is WHY would a judge do this?? He knows he can get copies of the returns and W2s from IRS.What is the name of your state (only U.S. law)?

Why would the tax returns be returned? Quite frankly, copies should have been given to the court as exhibits but to give his only copies was ridiculous. EXHIBITS are NOT returned to the parties. Your hu8bby should just get copies from the IRS.

 

[Vanessa54]

So to answer the question is WHY would a judge refuse to give them back unless my husband agrees to reopen a 3 year divorce. It sounds like the judge is trying to be intimidating. The judge told him as soon as he received them that he would get them back. My husbands lawyer was a witness to this.

 

[LdiJ]

So to answer the question is WHY would a judge refuse to give them back unless my husband agrees to reopen a 3 year divorce. It sounds like the judge is trying to be intimidating. The judge told him as soon as he received them that he would get them back. My husbands lawyer was a witness to this.

Again, they were exhibits. Exhibits don't get given back. He needs to get new copies from the IRS.

 

[Vanessa54]

So the judge was in error for telling my husband he would give them back. And is now saying he won't unless he reopens the divorce case. We knew something was all wrong with this case and how it dragged out and the fact she worked and earned way more than what she was suppose to per SSDI and was also paid under the table as the judge did receive copies of this. Thank you!!!

 

[mistoffolees]

So the judge was in error for telling my husband he would give them back. And is now saying he won't unless he reopens the divorce case. We knew something was all wrong with this case and how it dragged out and the fact she worked and earned way more than what she was suppose to per SSDI and was also paid under the table as the judge did receive copies of this. Thank you!!!

No, what's wrong with the case is that YOU ARE NOT PART OF IT.

And, as you've been told, the judge has done nothing wrong. Why in the world did your husband submit his only copy to the court? But even if he did, he simply has to fill out a form with the IRS to get copies. You're making a big deal out of nothing - especially since it doesn't even concern you.

 

[Vanessa54]

Hello...he is my husband. And yes this does concern me as he has gone through HELL dealing with her and as I am apart of his family, I deal with it also. What kind of wife would look the other way? My question was, why would the judge refuse to give the tax returns back and say the only way he would is if my husband reopened the divorce case??? We know he can call IRS and get copies, but his lawyers secretary said she has never heard of a judge doing this and neither has anyone else we've asked.

 

[Artemis_ofthe_Hunt]

Hello...he is my husband. And yes this does concern me as he has gone through HELL dealing with her and as I am apart of his family, I deal with it also. What kind of wife would look the other way? My question was, why would the judge refuse to give the tax returns back and say the only way he would is if my husband reopened the divorce case??? We know he can call IRS and get copies, but his lawyers secretary said she has never heard of a judge doing this and neither has anyone else we've asked.

Hey... has anyone seen the *facepalm* emoticon? Or even the head banging into a cinderblock wall, emoticon?

OP, you are perhaps mistaken in your location. This is a LEGAL ADVICE WEBSITE/FORUM... this is not a support group, or a venting website for new spouses. LEGALLY speaking, you have no dog in the fight. An ATTORNEY answered your questions, nothing is hinkey about a judge NOT returning EXHIBITS to a case. I seriously doubt a judge would state anything like that. I'd say you don't have all of the information.

 

[Vanessa54]

Thank you for your opinion but my husband just talked to a lawyer and has decided to reopen the divorce. It appears the judge has decided to investigate her earnings while she was on SSDI.

 

[mistoffolees]

Thank you for your opinion but my husband just talked to a lawyer and has decided to reopen the divorce. It appears the judge has decided to investigate her earnings while she was on SSDI.

That's absolutely fine - but it has nothing to do with your question.

Nor does it have anything to do with the fact that, LEGALLY, you do not have any place in that battle. While he is your husband, you have no legal relationship to his first marriage.

 

[Vanessa54]

Actually it did answer my question, why the judge refused to give back the tax documents. If a licensed lawyer answered my question here, they would have been alittle more polite in replying to my questions. I have noticed alot of comments from "legal advice" about "this doesn't concern you, or the other woman need not reply" Not a good place for legal advice here. Instead you get slapped down and lectured for asking a question.

 

[mistoffolees]

Actually it did answer my question, why the judge refused to give back the tax documents. If a licensed lawyer answered my question here, they would have been alittle more polite in replying to my questions.

And you got that answer here, as well.

I have noticed alot of comments from "legal advice" about "this doesn't concern you, or the other woman need not reply" Not a good place for legal advice here.

It's not a good place for legal advice - if you have no legal standing to be involved. For people who ARE involved, there's a lot of great advice here.

 

[Zigner]

Actually it did answer my question, why the judge refused to give back the tax documents. If a licensed lawyer answered my question here, they would have been alittle more polite in replying to my questions. I have noticed alot of comments from "legal advice" about "this doesn't concern you, or the other woman need not reply" Not a good place for legal advice here. Instead you get slapped down and lectured for asking a question.

You got your answer (at least) twice before your total lack of standing even came up

 

[Artemis_ofthe_Hunt]

Actually it did answer my question, why the judge refused to give back the tax documents. If a licensed lawyer answered my question here, they would have been alittle more polite in replying to my questions. I have noticed alot of comments from "legal advice" about "this doesn't concern you, or the other woman need not reply" Not a good place for legal advice here. Instead you get slapped down and lectured for asking a question.

That's funny... the funniest thing I've heard all day. Hang on for the OG effect...

 

[Ohiogal]

Thank you for your opinion but my husband just talked to a lawyer and has decided to reopen the divorce. It appears the judge has decided to investigate her earnings while she was on SSDI.

Judges DO NOT investigate earnings. It is up to the parties to PROVE earnings or allegations regarding earnings.