File Contempt?

[DA412]

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

The parenting plan I have with my ex states that "Each parent shall send IRS Forms W-2 and 1099 to the other parent on or before February 15 of each year. A copy of his or her federal income tax return shall be sent to the other parent on or before April 15."

Since this order went into effect in late 2007, Mom has consistently not sent these forms when she's supposed to. I've always had to remind her numerous times (I have emails from each time) and I still don't receive them until months later. So far this year, I haven't received her W-2 yet. I've asked her about it twice and, each time, she says she forgot or she hasn't had time.

It's become quite annoying having to do this for the past 4 years, I can't understand why she won't do it herself. Should I file contempt?What is the name of your state (only U.S. law)?

 

[Proserpina]

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

The parenting plan I have with my ex states that "Each parent shall send IRS Forms W-2 and 1099 to the other parent on or before February 15 of each year. A copy of his or her federal income tax return shall be sent to the other parent on or before April 15."

Since this order went into effect in late 2007, Mom has consistently not sent these forms when she's supposed to. I've always had to remind her numerous times (I have emails from each time) and I still don't receive them until months later. So far this year, I haven't received her W-2 yet. I've asked her about it twice and, each time, she says she forgot or she hasn't had time.

It's become quite annoying having to do this for the past 4 years, I can't understand why she won't do it herself. Should I file contempt?What is the name of your state (only U.S. law)?

But you have received them eventually, yes?

What do you think will happen if you file? What do you wish to accomplish?

 

[DA412]

But you have received them eventually, yes?

What do you think will happen if you file? What do you wish to accomplish?

I have absolutely no idea what would happen if I file, that's why I'm asking. Hopefully, the judge would tell her to start sending the forms like she's supposed to..?

Yes, I've received the forms eventually, but only after I've asked her numerous times to send them.

 

[Proserpina]

I have absolutely no idea what would happen if I file, that's why I'm asking. Hopefully, the judge would tell her to start sending the forms like she's supposed to..?

Yes, I've received the forms eventually, but only after I've asked her numerous times to send them.

I understand your frustration - but this really isn't a hill I'd want to die on.

Of course you can file (this time), but don't expect anything to change. It'll likely be a waste of money and time.

 

[onegooddad]

And you're going to spend how much on likely non-recoverable court costs to get "data"?

If you're using the tax and w-2 info for child/spousal support reasons, a reasonable court would make any adjustments retroactively.

I'm sure you have a general idea of what she's making, so I wouldn't get too wound up about it.

Don't sweat the small stuff.

 

[Silverplum]

Regarding the bolded below:

Nope. Not true. Not in a way that would be good for the payor, at least.

Please disregard this poster -- he has a chip on his shoulder and is spamming the boards with his sputum.

And you're going to spend how much on likely non-recoverable court costs to get "data"?

If you're using the tax and w-2 info for child/spousal support reasons, a reasonable court would make any adjustments retroactively.

I'm sure you have a general idea of what she's making, so I wouldn't get too wound up about it.

Don't sweat the small stuff.

 

[DA412]

I understand your frustration - but this really isn't a hill I'd want to die on.

Of course you can file (this time), but don't expect anything to change. It'll likely be a waste of money and time.

Would you mind me asking why things wouldn't change?

 

[Proserpina]

Would you mind me asking why things wouldn't change?

Because it's really a tiny teeny little thing. She does eventually send them even though it's inconvenient for you.

She'd get a little slap on the wrist, and she'd promise not to do it again. Then next year, the same thing is likely to happen. At the very worst, she'd get a fine or something. She won't go to jail, and custody won't change, over this.

You really have to pick your battles - I really do understand your frustration, but this (in my opinion) simply isn't worth the time or aggravation of filing contempt.

 

[onegooddad]

Regarding the bolded below:

Nope. Not true. Not in a way that would be good for the payor, at least.

Please disregard this poster -- he has a chip on his shoulder and is spamming the boards with his sputum.

LOL... Oh, I should suggest that the OP go to court? That's a joke over a W2 and 1099.

Those forms, which are to be delivered to the recipient by January 31 of the year following the earnings are reflective of the earnings in that year.

A judge will go retroactive.

And, where's my chip? Where's the spam and sputum?

Where's your law degree Silverplumpy?

The OP goes to court, spends about $1500 to get there and gets what? A W2 and 1099? NOT WORTH IT.

You need to know when to hold them and know when to fold them. Somethings are not worth fighting over.

His (the OP's) ex is just playing the power and control game that so many women try to pull.

 

[Proserpina]

Oh my word - onegooddad is actually in agreement with me.



Gin gummy worms are in order, I believe...

 

[onegooddad]

Because it's really a tiny teeny little thing. She does eventually send them even though it's inconvenient for you.

She'd get a little slap on the wrist, and she'd promise not to do it again. Then next year, the same thing is likely to happen. At the very worst, she'd get a fine or something. She won't go to jail, and custody won't change, over this.

You really have to pick your battles - I really do understand your frustration, but this (in my opinion) simply isn't worth the time or aggravation of filing contempt.

I didn't see this post before I posted, but duly agree. Not worth the time or aggravation. Nothing's gonna happen to her and you're out the money. The more your press your ex, the more she will put it off.

Also, what if she files for an extension and doesn't file by April 15?

There's a lot more you can do (OP) behind the scenes.

 

[CSO286]

LOL... Oh, I should suggest that the OP go to court? That's a joke over a W2 and 1099.

Those forms, which are to be delivered to the recipient by January 31 of the year following the earnings are reflective of the earnings in that year.

A judge will go retroactive.
And, where's my chip? Where's the spam and sputum?

Where's your law degree Silverplumpy?

The OP goes to court, spends about $1500 to get there and gets what? A W2 and 1099? NOT WORTH IT.

You need to know when to hold them and know when to fold them. Somethings are not worth fighting over.

His (the OP's) ex is just playing the power and control game that so many women try to pull.

This is never guaranteed. I have seen countless orders where I felt certain the judge would grant an order retroactively and then doesn't or the reverse.

For you to make a such a blanket statement is ridiculous.

 

[DA412]

Because it's really a tiny teeny little thing. She does eventually send them even though it's inconvenient for you.

She'd get a little slap on the wrist, and she'd promise not to do it again. Then next year, the same thing is likely to happen. At the very worst, she'd get a fine or something. She won't go to jail, and custody won't change, over this.

You really have to pick your battles - I really do understand your frustration, but this (in my opinion) simply isn't worth the time or aggravation of filing contempt.

Of course I'm not looking for a reason to send her to jail or change custody. I just want her to do what she's supposed to do.

I agree that it's trivial, but it's extremely frustrating to have to babysit her. If the judge slapping her on the wrist is enough to make her follow the order from now on, then I'm all for that. I just wanted to make sure I wasn't too late, seeing as this has been going on for 4 years and I haven't filed anything. Thanks for the advice.

 

[Proserpina]

Of course I'm not looking for a reason to send her to jail or change custody. I just want her to do what she's supposed to do.

I agree that it's trivial, but it's extremely frustrating to have to babysit her. If the judge slapping her on the wrist is enough to make her follow the order from now on, then I'm all for that. I just wanted to make sure I wasn't too late, seeing as this has been going on for 4 years and I haven't filed anything. Thanks for the advice.

I don't think you're going to get anywhere at all, in all honesty.

 

[onegooddad]

I don't think you're going to get anywhere at all, in all honesty.

Another note in agreement with Proserpina! OMG!!!

OP... it's not worth it. Drop it. And I'll almost guarantee you that once you drop it, she'll start sending the data.

Do you want to modify support, visitation, etc.???

If that's the reason, then you can subpoena that data before the hearing. And yes, while not guaranteed, if your ex-wife has been playing games, the judge will do more than slap her on the wrists.

"Brothers are doin' it for themselves!"