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ex wife wont turn of taxes or financial docs

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lance77tour

Junior Member
Wisconsin 767.54

In WI as divorced parents were req'd to turn over taxes each yr 767.54 She's refused since 09 to supply them. She re-married, moved to SD with new husband to take over his dads farm.. She claims to work in the kitchen at the local school (k-12) but states she doesnt own a business. Which I know with infinitely% she is lying.

FCC in Oconto County is not favorable to Dad's and last attempt for contempt/motion he didnt want to hear it. Well this Thur 2/22 have court she filed to review child support stating my income is greater (blatant lie).

Is there a way I can get them if the FCC doesnt order her to turn them over on 2/22?

I know that she does own a business, its reflected on their taxes, thus she is intentionally hiding income from State of WI and child support agency.

How would the FCC know what to use and how would I be able to figure that out as well if he doesnt get the returns.
 


stealth2

Under the Radar Member
What does the FCC (Federal Communications Commission) have to do with anything?

And if she won't turn over (of? off?) her taxes, how do you know what's in them?

I strongly suggest you speak with a lawyer.
 

LdiJ

Senior Member
Wisconsin 767.54

In WI as divorced parents were req'd to turn over taxes each yr 767.54 She's refused since 09 to supply them. She re-married, moved to SD with new husband to take over his dads farm.. She claims to work in the kitchen at the local school (k-12) but states she doesnt own a business. Which I know with infinitely% she is lying.

FCC in Oconto County is not favorable to Dad's and last attempt for contempt/motion he didnt want to hear it. Well this Thur 2/22 have court she filed to review child support stating my income is greater (blatant lie).

Is there a way I can get them if the FCC doesnt order her to turn them over on 2/22?

I know that she does own a business, its reflected on their taxes, thus she is intentionally hiding income from State of WI and child support agency.

How would the FCC know what to use and how would I be able to figure that out as well if he doesnt get the returns.
Her husband perhaps owns a farm, but SHE does not have a business, HE does. His income is irrelevant to your child support calculation. If she files a joint return with her husband the most likely cause of her refusing to supply tax returns is that her husband is not interested in turning over HIS financial information to you.

Her W2 would be what is relevant for the child support calculation.
 

HRZ

Senior Member
That's not what the plain English meaning in the statute says federal tax returns, state tax returns AND financial records . And it seems this is a bit of a long term failure to comply .

I have no doubt at all that an operator of a farm , a separate business and a modest job is able to paint a very different picture for tax purposes than the person may paint when seeking credit or loans ...and I would be asking some very well crafted requests of financial information. the purpose of a modest school job may be to secure family health coverage ..who knows...but it is not definitive of the income picture

BUt the core here seems to be willful repeat failure to comply with the basic information set forth in that section.

OP I would be inquiring of local legal talent on divorce matters as to thier track record is shaking records,loose AND collection of reasonable attorney fees to do so.....in some contests the attorney fees can quickly become more important than the underrlying matter ...and there are obvious incentives to use a big hammer if the big hammer is likely to work...and the definition of reasonable fees may be what the court says it is...and it might come as a shock to an ex who handed you good odds of winning by her conduct.

note the rules also,allow for the court to back into part of the equation based on assets.
..and we simply don't know assets here..and how titled ...but I'd sure send her a well worded request to discluse all of them in which she has any interest. ( I own some farm land ..it's value depends on the nature of the question..and truthful answers might vary 10-1 and nothing really shows up on my tax returns ..and they are darn honest and accurate )

Op ..you might have a situation where the answers have say $25 swing in CS math but she is looking at a $xxxxx likely bill plus release anyway to keep doing it wrong ..you need to consider pushing those buttons with real lawyer.
 

LdiJ

Senior Member
That's not what the plain English meaning in the statute says federal tax returns, state tax returns AND financial records . And it seems this is a bit of a long term failure to comply .

I have no doubt at all that an operator of a farm , a separate business and a modest job is able to paint a very different picture for tax purposes than the person may paint when seeking credit or loans ...and I would be asking some very well crafted requests of financial information. the purpose of a modest school job may be to secure family health coverage ..who knows...but it is not definitive of the income picture

BUt the core here seems to be willful repeat failure to comply with the basic information set forth in that section.

OP I would be inquiring of local legal talent on divorce matters as to thier track record is shaking records,loose AND collection of reasonable attorney fees to do so.....in some contests the attorney fees can quickly become more important than the underrlying matter ...and there are obvious incentives to use a big hammer if the big hammer is likely to work...and the definition of reasonable fees may be what the court says it is...and it might come as a shock to an ex who handed you good odds of winning by her conduct.

note the rules also,allow for the court to back into part of the equation based on assets.
..and we simply don't know assets here..and how titled ...but I'd sure send her a well worded request to discluse all of them in which she has any interest. ( I own some farm land ..it's value depends on the nature of the question..and truthful answers might vary 10-1 and nothing really shows up on my tax returns ..and they are darn honest and accurate )

Op ..you might have a situation where the answers have say $25 swing in CS math but she is looking at a $xxxxx likely bill plus release anyway to keep doing it wrong ..you need to consider pushing those buttons with real lawyer.
This is not necessarily bad advice, but one has to be careful that the cost of an attorney does not end up seriously outweighing the potential savings. If you are fighting over a potential 100.00 a month and it ends up costing you 10k in legal fees, that's 100 months worth of savings before you break even.
 

HRZ

Senior Member
CORRECT ...but the big grey cloud problem is that it can rain on EX WIFE and she might risk losing the family farm over deliberate failure to comply with a routine annual requirement
 

stealth2

Under the Radar Member
MY take-away from HRZ's post is that OP may actually understand it. Ahem.

OP still needs a lawyer. Badly.
 

LdiJ

Senior Member
CORRECT ...but the big grey cloud problem is that it can rain on EX WIFE and she might risk losing the family farm over deliberate failure to comply with a routine annual requirement
It is NOT her family farm. It is her husband's family farm. Both you and the OP seem to have a failure to understand that its not her property, not her income. It's her husband's separate property. Heck, it might not even be her husband's property, it might still belong to his parents and he just runs it.
 

HRZ

Senior Member
WE don't know how they titled the farm ...and we don't know why the ex is repeatedly failing to comply wih a routine requirement to send financial data ...but at least as posted she risks getting zapped with a hefty legal bill ......and I agree, OP needs counsel...if nothing else but to change the dynamics of costs of refusal.

We don't know what her income or assets are ..she's hiding them ! She is playing a very stupid game , so far . Year after year . But Op you need a lawyer to punch her buttons.
 

Zigner

Senior Member, Non-Attorney
Wisconsin 767.54

In WI as divorced parents were req'd to turn over taxes each yr 767.54 She's refused since 09 to supply them. She re-married, moved to SD with new husband to take over his dads farm.. She claims to work in the kitchen at the local school (k-12) but states she doesnt own a business. Which I know with infinitely% she is lying.

FCC in Oconto County is not favorable to Dad's and last attempt for contempt/motion he didnt want to hear it. Well this Thur 2/22 have court she filed to review child support stating my income is greater (blatant lie).

Is there a way I can get them if the FCC doesnt order her to turn them over on 2/22?

I know that she does own a business, its reflected on their taxes, thus she is intentionally hiding income from State of WI and child support agency.

How would the FCC know what to use and how would I be able to figure that out as well if he doesnt get the returns.
Here is the relevant section of WI code:

767.54  Required exchange of financial information. In an action in which the court has ordered a party to pay child or family support under this chapter, including an action to revise a judgment or order under s. 767.59, the court shall require the parties annually to exchange financial information. Information disclosed under this section is subject to s. 767.127 (3). A party who fails to furnish information required by the court under this section may be proceeded against for contempt of court under ch. 785. If the court finds that a party has failed to furnish information required under this section, the court may award to the party bringing the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.

[SUB](https://docs.legis.wisconsin.gov/statutes/statutes/767/VI/54)[/SUB]

If the other party is not complying, the onus is on YOU to file a contempt motion.
 

stealth2

Under the Radar Member
WE don't know how they titled the farm ...and we don't know why the ex is repeatedly failing to comply wih a routine requirement to send financial data ...but at least as posted she risks getting zapped with a hefty legal bill ......and I agree, OP needs counsel...if nothing else but to change the dynamics of costs of refusal.

We don't know what her income or assets are ..she's hiding them ! She is playing a very stupid game , so far . Year after year . But Op you need a lawyer to punch her buttons.
Dude - you have no clue. Stop making assumptions. Just stop. But if you cannot, try to post as a literate adult. Thank you.
 

not2cleverRed

Obvious Observer
What does the FCC (Federal Communications Commission) have to do with anything?

And if she won't turn over (of? off?) her taxes, how do you know what's in them?

I strongly suggest you speak with a lawyer.
FCC = Family Court Commissioner.

OP did not state what the custodial agreement is, but given that Mom has moved a couple states away, we can guess it's not 50/50. Mom effectively has sole physical custody, no matter what the parenting plan says.

OP has not been getting any satisfaction in court because it is felt that he is wasting their time. Should Mom be sharing the financial info? Legally yes. *However* one has to look at *why* that law is there. As OP would agree, it is for determining child support. Sort of to give one party a heads up that it makes sense to readjust the numbers in cases where there is shared physical custody. There is no shared physical custody here.
 

not2cleverRed

Obvious Observer
WE don't know how they titled the farm ...and we don't know why the ex is repeatedly failing to comply wih a routine requirement to send financial data ...but at least as posted she risks getting zapped with a hefty legal bill ......and I agree, OP needs counsel...if nothing else but to change the dynamics of costs of refusal.

We don't know what her income or assets are ..she's hiding them ! She is playing a very stupid game , so far . Year after year . But Op you need a lawyer to punch her buttons.
They are divorced.

OP is entitled to non of ex-wife's assets accrued post divorce, unless there were a stipulation to the decree to that effect.

This is about child support.

OP does not get to reduce child support just because his ex-wife remarried.

Notice that his wife moves 2 states away, and we're not talkin New England states, and his concern is what are her current assets, not his time with the kids.
 

CTU

Meddlesome Priestess
She's been "avoiding" this since 2009?

What has our intrepid OP been doing since 2009?
 

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