Do I Have to Give My Ex My Tax Returns to Review Child Support?

by | Dec 31, 2020 | Ask the Lawyer | 0 comments

Question asked on Jan. 22, 2020

Q: My ex is wanting to increase child-support has been three years and she says that it’s time to reevaluate the situation. She’s asking for my tax returns. I am making more money than I had three years ago. My ex is on welfare and does not work. Am I obligated to give her my tax returns or should I get a attorney. It seems ridiculous to handover my tax returns And financials to my crazy ex.

A: The answer is “maybe” and the first thing to review would be your existing court order.  If it calls for production of tax returns, etc., then that is the controlling order.  If not, she has no per se right to your financial documents, and the court rules state that a party has to ask to open post-trial discovery.  That said, cooperation might be less expensive than litigation.  Another complication is that the applicable child support statutes change in just a few days (February 1, 2020).  We will be updating the information posted on our child support page, here, quite soon, to reflect those changes.

It seems very likely that your best course of action would be to consult with a family law specialist well versed in this subject, and decide how to proceed based on a full analysis of your existing orders, and current facts and circumstances.

Frequently Asked Questions

Do I have to give my ex my tax returns for a child support review in Nevada?
Maybe. The first thing to check is your existing child support order: if it requires you to produce tax returns or other financial documents, that order controls and you have to comply. If it does not, your ex has no automatic right to your financial records, and under Nevada court rules a party has to ask the court to reopen discovery after judgment before demanding them. Cooperating voluntarily, however, can often be less expensive than litigating over the request.
Can my ex ask to increase child support after three years in Nevada?
A parent can ask the court to review and modify child support, and the request usually comes with a demand for the other parent’s current income information. Whether a modification is actually granted depends on your existing order and the current facts, including any change in either parent’s income. Nevada’s child support rules were rewritten effective February 1, 2020, so an order entered under the older formula may be evaluated under the current regulations when it is reviewed (NAC 425; NRS 125B.145).
Should I just send my ex my financial documents or hire an attorney?
The best course is to have a Nevada family law specialist review your existing orders and the current facts before you decide, because the right move depends on what your decree actually requires and on both parents’ present circumstances. Handing over documents without reviewing the order can concede more than the law requires, while refusing a demand the order supports can lead to a motion and fee exposure. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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