QUESTION
Can financial information be with held at child support hearing?
Asked on Dec 08th, 2011 on Child Custody - Colorado
More details to this question:
Can financial information be with held at child support hearing? - Being asked to bring income and tax related information to hearing. Doing so, will reveal possible fraud to IRS and state welfare office. Can tax returns be with held?
30 ANSWERS
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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No.
Answered on May 29th, 2013 at 2:49 AM
Family Law Attorney serving Culver City, CA
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Law Offices of Tobie B. Waxman
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No.
Answered on May 29th, 2013 at 2:48 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 2:38 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The simple answer is no, you are obligated to provide tax returns. You can fix those with the IRS to undo the fraud by filing an amended return with honest information and then paying whatever additional taxes and penalties are due.
Answered on Jul 11th, 2012 at 10:33 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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You have the Constitutional right to not answer any questions or produce documents that would incriminate you, meaning expose you to potential criminal prosecution. But understand that invoking your Constitutional right will certainly cause problems in court. It is therefore in your best interest to settle the matter and avoid court because you do not have the right to misrepresent your income.
Answered on Jul 11th, 2012 at 8:30 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes, must assert Fifth Amendment.
Answered on Jul 09th, 2012 at 9:12 PM
No, you are required to bring in your tax returns, which is how the judge will determine the amount to set for child support.
Answered on Jul 09th, 2012 at 6:45 PM
Child Custody Attorney serving Roseville, MI
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Law Offices of Maryanne Spryszak-Hanna, PC
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Not if you want to receive an accurate calculation of chuild support. If you are the payer, and you with hold the information, the FOC will likely impute income and it may be more than you earned, fraud otr not. If you are the Payee, the same can be true, you will be imputed income and the amount imputes may skew the actual support.
Answered on Jul 09th, 2012 at 2:43 PM
Kathleen M. Schmidt
Tax returns can sometimes be withheld at a child support hearing if opposing side is satisfied with a W-2 or other proof of income.
Answered on Jul 09th, 2012 at 2:19 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Probably not unless you can convince the judge that the information is necessary to whatever decisions are to be resolved.
Answered on Jul 09th, 2012 at 2:04 PM
Leonard A. Kaanta
You must give the Friend of the Court all information, you could plead the fifth admendment.
Answered on Jul 09th, 2012 at 1:51 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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As long as you were not served with a subpoena ordering you to bring that information to the hearing (I assume you only received a letter notifying of the FOC interview and requesting that you bring documentation to evidence your income), then there is no penalty for not bringing the documents. Of course, without support for your testimony about your income, the FOC might not adopt your figures and can impute income if they believe you are earning more.
Answered on Jul 09th, 2012 at 1:41 PM
Jerome Marshall Applebaum
No. Full disclosure is required. However, the family courts do not refer your matters/files to the IRS, FTB, etc. There are very severe monetary and pleading sanctions which WILL be applied by the court if hide assets, income, etc. The Family Code requires full disclosure, and absolutly no equivocation,avidance or evasion. Don't try to be clever, deceptive or fraudulent in support hearings or in disclosing assets, debts, financial transactions, property transfers, business opportunities and soforth. No one is that "smart" and you risk losing everything which you concealed. I advise you to hire a very ethical, intelligent and highly experienced attorney with several substantial-sized family law cases already completed.
Answered on Jul 09th, 2012 at 12:25 PM
Debt Collection Attorney serving Philadelphia, PA
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Law Office of Faye Riva Cohen, P.C.
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You can try to avoid producing it, but you do so at your own risk as certain presumptions may be made against you. The returns may also be subpoenaed at some point in the proceeding.
Answered on Jul 09th, 2012 at 12:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You must provide items listed in a subpeona duces tecum or a notice to produce. If you do not it is possible to have you held in contempt of court.
Answered on Jul 09th, 2012 at 10:51 AM
That is a tricky situation, and you do not want to make your situation worse by withholding information that you are required to provide. You may want to contact an experienced and affordable attorney for advice regarding your hearing.
Answered on Jul 09th, 2012 at 10:49 AM
No. All documents requested must be provided. The IRS does not hang around the courthouse looking for tax returns.
Answered on Jul 06th, 2012 at 10:33 PM
Insurance Attorney serving Cumming, GA
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Law Offices of Dorothy Spinelli
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If the correct legal document is used, the tax returns typicially have to be brought to Court. There are limitations, such as irrelevant info on tax returns that can be redacted. In addition, if there is fraud, they may try to object on 5th amendment, but the salaries should be admissible for child support and other financial information can be relevant for property settlement if thats one of the issues in the case.
Answered on Jul 06th, 2012 at 10:33 PM
4 Awards
If it's relevant to the case, you should produce the requested documentation or you could find yourself in contempt of court. All the best.
Answered on Jul 06th, 2012 at 10:18 PM
Milton Toro Marquez
Tax returns and other requested documents may not be withheld. Usually the courts are not really worried about tax fraud in the sense of it being part of the hearing. Fear that tax fraud will be revealed is not a legal reason for not providing requested documents.
Answered on Jul 06th, 2012 at 10:15 PM
Oh, what a tangled web. Yes, you have a right to withhold your tax return. However, if you do that the court will draw every conceivable inference about your income against you. You would have to claim the 5th and, in doing so, you would draw attention to yourself. You are almost better off just bringing in the forms and being casual about it. The other thing you can do is to hurry up and file amended returns, this time accurate and then bring them in. Sure, you will owe more taxes, and penalties and interest, too. But the consequences of not doing so could be worse.
Answered on Jul 06th, 2012 at 10:10 PM
Bruce Arthur Plesser
Not at risk of contempt of court. I'd settle.
Answered on Jul 06th, 2012 at 10:08 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You can withhold information; however, doing so will probably be violation of state and local court rules, subject you to possible findings of contempt and allow the court to make assumptions about you that you do not like. Your tax returns, if supplied, will be shown to the other side, and the court, but will be sealed from public view.
Answered on Jul 06th, 2012 at 10:02 PM
Income information is relevant to child support determination. Also the 5th Amendment precludes self incrimination is the objection is made. This is a question for your attorney and no attorney would advise withholding information the Court has a right to consider. "Oh what a tangle web we weave when we first practice to deceive." If you owe child support think of your children.
Answered on Jul 06th, 2012 at 9:57 PM
Suzanne H. Lombardi
Child Support is governed by federal law. In most cases tax returns and tax related information must be provided so that the child support enforcement office can determine what the proper amount for support would be. If there is danger that criminal penalties may result from disclosure it would be very advisable to hire an attorney to help guide you through this process.
Answered on Jul 06th, 2012 at 9:54 PM
Dave Hawkins
No. In Wa. state, in order to support figures on financial declarations and child support worksheets, parties must provide Tax returns for the past two years and paycheck stubs for the past 6 months.
Answered on Jul 06th, 2012 at 9:43 PM
1 Award
Possibly. You could submit w2 forms and most recent paycheck stubs instead.
Answered on Jul 06th, 2012 at 9:39 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You are obligated to produce IRS forms W-2 and 1099 and year to date payroll records verifying all income from all sources, but you may not have to produce your tax returns.
Answered on Jul 06th, 2012 at 9:33 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You run the risk that the judge finds against you for failure to present the information. The judge could then just rely on the other party's estimate of your income.
Answered on Jul 06th, 2012 at 9:32 PM
Gregory Graf
If you fail to bring them you can be held in contempt of court.
Answered on Jul 06th, 2012 at 9:30 PM