Copies of Tax Returns

[Kimmyf1965]

What is the name of your state? TN

According to my parenting plan my ex was to supply me a copy of his W-2s, 1099s and the top 2 pages of his tax return by April 15 or August 15 if he filed for an extension. Of course I did not get anything until I sent him a certified letter requesting the information within 10 days. Yesterday, September 5, 2004 he sent a letter with the W-2 onlys. Briefly heres what the letter says:
1. He states in the letter that he already provided me with one copy but he doesn't know what happened to it. (BIG LIE)
2. He says that he is remarried and that I can't have the 2 pages of the tax return because it contains information regarding his wife.

Ok here's my problem. He only supplied me with the 2 W-2s and I know for a fact that he also has a 1099-R. He changed jobs and cashed in his 401K and did not roll it over. I don't care how much his wife makes or care to see her W2s but I do want the 1099-R. How would I go about letting him know that I want this document? He doens't know that I know about the 401K and he is trying to hide this information from me.

 

[nextwife]

Can't they black out her personal tax info?

 

[JETX]

How would I go about letting him know that I want this document? He doens't know that I know about the 401K and he is trying to hide this information from me.

Gee, you might simply request it from him. I know, really radical idea!! But it does work sometimes!!

 

[HomeGuru]

Can't they black out her personal tax info?

**A: it would not really matter since her income can be figured out anyway.

 

[LdiJ]

What is the name of your state? TN

According to my parenting plan my ex was to supply me a copy of his W-2s, 1099s and the top 2 pages of his tax return by April 15 or August 15 if he filed for an extension. Of course I did not get anything until I sent him a certified letter requesting the information within 10 days. Yesterday, September 5, 2004 he sent a letter with the W-2 onlys. Briefly heres what the letter says:
1. He states in the letter that he already provided me with one copy but he doesn't know what happened to it. (BIG LIE)
2. He says that he is remarried and that I can't have the 2 pages of the tax return because it contains information regarding his wife.

Ok here's my problem. He only supplied me with the 2 W-2s and I know for a fact that he also has a 1099-R. He changed jobs and cashed in his 401K and did not roll it over. I don't care how much his wife makes or care to see her W2s but I do want the 1099-R. How would I go about letting him know that I want this document? He doens't know that I know about the 401K and he is trying to hide this information from me.

I don't believe that his 401K that he cashed in is going to do you any good for child support purposes. While it technically may be taxable income, its a one time economic event and I honestly don't think a judge is going to give you a "share" of it for child support purposes.

 

[nextwife]

And his contributions would NOT be again subject to CS, as they counted as income when paid originally. Also, unless he cashed in 100% of his 401K, HOW will you be able to show that the funds withdrawn were not HIS contributions? In otherwards, say he had a TOTAL of $150,000 in his 401K, and, like me, the employer discretionary match VARIED from year to year, based on that year's company performance. And on top of it, the discretionary match may only be on the first X percent of funds placed in the 401K , but is not paid on the percent saved above that? So it is not a fixed percent of the total. Say he now withdrew $20,000 of it.

How in heavens name are you going to show that some of the $20,000 is employer match funds, and not his already saved funds - when funds HE saved in total EXCEEDED the funds now drawn?? Remember, CS is figured BEFORE 401K is withheld, so he either earned it before his support obligation existed or it was already counted as income when the funds went into the 401K.

 

[Kimmyf1965]

He took all of the 401K funds. Not a portion of it. He lost his job and instead of rolling it into an IRA or rolling it over with the new company that he is working for he cashed it all in. I have no clue exactly how much money it was but as I said earlier in a post that he purchased a new car and a new truck. He paid cash for both. After being with him for 17 plus years I know how much money he makes and believe me there is no way he could afford to pay cash for any NEW vehicles.

 

[LdiJ]

He took all of the 401K funds. Not a portion of it. He lost his job and instead of rolling it into an IRA or rolling it over with the new company that he is working for he cashed it all in. I have no clue exactly how much money it was but as I said earlier in a post that he purchased a new car and a new truck. He paid cash for both. After being with him for 17 plus years I know how much money he makes and believe me there is no way he could afford to pay cash for any NEW vehicles.

Again though, unless you were awarded a portion of his 401K in the divorce, and should have recieved a portion of what he cashed in, then you have no right to any of that money. It really isn't income for child support purposes.