How Far Back

What is the name of your state (only U.S. law)? NC

In separation, attorneys asked for financial documents going back 12 months and I provided them. Now, they want to go back further in time. How far back am I required to provide statements? Thanks.

sparks88 said:

What is the name of your state (only U.S. law)? NC

In separation, attorneys asked for financial documents going back 12 months and I provided them. Now, they want to go back further in time. How far back am I required to provide statements? Thanks.

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How much further back do they want you to go, and what are they asking for?

LdiJ said:

How much further back do they want you to go, and what are they asking for?

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But 3 years would not be unusual or particularly onerous.

mistoffolees said:

But 3 years would not be unusual or particularly onerous.

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Depending on the specifics of what they are asking for. I have seen some incredibly onerous 3 year requests.

LdiJ said:

Depending on the specifics of what they are asking for. I have seen some incredibly onerous 3 year requests.

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They are asking for bank statements, brokerage statements, and tax returns. I am working on settling out of court at the present time. What I am trying to find is the point where I can put my foot down and refuse to provide any more statements. Are there any rules that restrict such requests beyond a certain date in the past?

sparks88 said:

They are asking for bank statements, brokerage statements, and tax returns. I am working on settling out of court at the present time. What I am trying to find is the point where I can put my foot down and refuse to provide any more statements. Are there any rules that restrict such requests beyond a certain date in the past?

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No.

And bank statements, brokerage statements and tax returns for 3 years is not a particularly onerous request.

Your attorney can object and state that the history is not relevant, but he might lose that argument and if he does, putting your foot down might earn you a contempt charge.

mistoffolees said:

No.

And bank statements, brokerage statements and tax returns for 3 years is not a particularly onerous request.

Your attorney can object and state that the history is not relevant, but he might lose that argument and if he does, putting your foot down might earn you a contempt charge.

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I agree that those items are not particularly onerous to provide.

some things going back 3 years can be irrelevant. Think about the market crash from 3 years ago - how much of it really pertains to now?

TinkerBelleLuvr said:

some things going back 3 years can be irrelevant. Think about the market crash from 3 years ago - how much of it really pertains to now?

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I can think of one way it could be very pertinant. If the brokerage fund was much lower now than it was three years ago, due to the crash, then the documents would demonstrate that it was due to the crash, rather than due to any money being withdrawn from the brokerage account.

LdiJ said:

I can think of one way it could be very pertinant. If the brokerage fund was much lower now than it was three years ago, due to the crash, then the documents would demonstrate that it was due to the crash, rather than due to any money being withdrawn from the brokerage account.

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There are a lot of other things.

As a few examples:

- Lots of people have income that fluctuates significantly. If you use only one year, that's going to give a biased result. Three years gives at least some idea of the range and variability.

- There are a number of tax deductibility issues that can also vary from year to year. In addition, it's possible in many cases to move your income from one year into another. A couple of years provides some evidence that this is the case.

- Perhaps someone is claiming unusual expenses (for medical purposes or something like that). A few years of data will indicate whether that's simply a one time thing or chronic.

- In addition to what Ldij cited, someone may have accused him of simply taking money out of bank accounts and hiding it somewhere.